Is there a stutute of limitations on a small claims suit in the state of California...and?

Question

if not and I sue and win can I have that persons wages garnished and if so how? Also how much does it cost to file a small claims suit? THANKS!!!

Answer 1

yes, i dont know about your state, but OK is 1 year from the date of the incident.

Answer 2

Generally, the statute of limitations is determined based on the subject matter of the claim, not which court it is filed in. So, the statute of limitations for a defamation (libel) claim would be different than the statute of limitations on a written contract, and theoretically that would apply whether the claim was filed in superior court or small claims court.

As for wage garnishing, that is usually up to the judge. Small claims courts are generally limited in both the scope of matters they can hear, and the remedies that they can provide.

Whenever your legal rights are at issue, you should consult with an attorney licensed in your state. Many small claims courts also have legal advisers, who can provide some of the relevant information you need. Check your local listings.

Answer 3

I'm an attorney in California. Every claim has a statute of limitations, but it is based on the type of claim rather the the court it is filed in. For example breach of a written contract is 4 years in California and breach of a verbal contract is two years.

Wage garnishment is an option to collect judgments in in California. There are many methods to collect small claims judgments in California. You can ready and article on my website.

Answer 4

If it's for a written contract, 4 years; oral contracts, 2 years; personal injury; 2 years; property damage, 3 years

The cost to file is between $25 - $50.