A sheet vinyl floor installation in my home went bad within a few weeks. Every edge and seam separated and curled. The installer would do nothing. The BBB accepted without verifying the statement of his wife that the company is no longer in business. Lisa Madigan's office referred me to small claims court. If I file, and the statute of limitations has run out, I will have paid court costs for nothing. I live on Social Security and can't afford throwing money around. So I have been trying for MONTHS to find out the statute of limitations on this kind of civil dispute to be heard in small claims court. But so far, I have not been able to get the info off the internet. I admit I probably don't know the right ways to search: I'm no spring chicken. I would be so grateful for any help I can get. Maybe there's even an attorney out there who knows the answer and can just TELL me what the limitation is.
2006-08-08 17:20:32 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I believe it is one year for a civil matter you need to call a law school in your area and they can give you the correct advice also i'm assuming you are a senior and they're should be senior helplines in your community,such as, free legal aide for seniors. You can also call the courthouse (civil) in your town and get information or call your local t.v. station w/ your complaint and that you have tried to get help from all these agencies but to no prevail and see if they can help! good luck and keep trying!
2006-08-08 17:31:28 · answer #1 · answered by kelly 3 · 0⤊ 0⤋
First and foremost, how long have this been since the flooring was installed?? This is the crucial answer along with the next question, what state do you live in? Does the business still exist, i.e. the phones are being answered, a place of business is still maintained?
Even if the statute of limitation has run, you can file a lawsuit agains the owner or the business. If the business hires a lawyer than they will try to toss it out on the fact that the statute of limitation has run, if they don't then they have waived their rights and the lawsuit can proceed. I'm sure you are dealing with non-sophisicated parties too.
The fun part comes when you do get a judgement and will have to find the business or the owner's assets to satisify the judgement.
2006-08-09 01:08:29 · answer #2 · answered by El_Nimo 3 · 0⤊ 0⤋
you need to go to your court to figure out whether you need to take it to supreme court because remember each level of courts has a specific juridicition inwhich they cover and it also depends on the amount you want to sue for so the best place is to start at your court house and as far as paying court fees you would not pay because you will ask to fill out the ex parte order granting leave to proceed as a poor person and to waive court fees and once you fill this out make sure that you have proof that you recieve ssi such as the award letter they make a copy and that is it so dont worry about the court fees that is the least of your problems and as far as the statutue of limitations yes I believe it is one year depending on what you are going for so get to your court house as soon as possible and get this going try me I am in court right now housing and civil if you get on the ball now you can get what you need to get done dont wait for no one to help you go and do this now and in the court houses they also have legal aid lawyers go and ask questions make a list so that you will be on point and you know what you really want
2006-08-14 03:18:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
if the company went out of business and was a LLC or corp you can't file in small claims court.
2006-08-08 17:26:40 · answer #4 · answered by ML 5 · 0⤊ 0⤋