Time limit for small claims cases?

What is the name of your state? Calif
I live in Calif but am having trouble with a business in Utah trying to collect $900.00 That I don't owe (LONG STORY ) Is there a time limit for fileing a claim against me in small claims court?
For instance in Calif I believe you have two years to file a claim.
If there is a time limit in small claims would they be able to file a claim against me in a higher court for a longer amount of time?

What you are looking for is called the "Statute of Limitations" (SOL) and it depends on the issue involved.
California SOL:
Open Acct, Reduced to writing: 4 year
Open Acct, No writing: 2 years
Written Contract: 4 years
Domestic Judgment: 10 years (renewable at 10)
Foreign Judgment: 10 years (commencing with judgment debtor’s commencement of CA. residence.)

Flamin Dually said:

What is the name of your state? Calif
I live in Calif but am having trouble with a business in Utah trying to collect $900.00 That I don't owe (LONG STORY ) Is there a time limit for fileing a claim against me in small claims court?
For instance in Calif I believe you have two years to file a claim.
If there is a time limit in small claims would they be able to file a claim against me in a higher court for a longer amount of time?

Click to expand...

My response:

Was this a written or verbal contract?

Where was the contract to be performed, in CA or UT?

If written, is there a "forum clause" in the contract; that is, did you agree to have all disputes heard in CA or UT?

What was the contract about; i.e., was it for products or services?

Statutes of Limitations are not dependant upon the jurisdiction of the court; e.g., the SOL remains the same whether filed in Small Claims Court or in Superior Court.

IAAL

There was no written contract.
What happened was I had a personal watercraft that needed repairs while I was on vacation. I was told by the service manager that my repair would be covered under a extended warranty that had expired about one mounth before this problem. But because it seemed to be the same problem I had with the watercraft about two weeks before the warranty expired he said they would cover it.
Well they piddled around with it for the full two weeks I was there on vacation, changed several parts, replaced carberators etc. Never did get it fixed. The whole time I was under the impression that it was covered under warranty. If I had been told that I had to pay for it I would have stopped them a long time beforehand and gone back to the shop that did the repair before the warranty expired.
NOW GET THIS ! before they actualy started working on it ( under warranty according to the service manager ) They said my problem was nothing but dirty gas. I paid them to drain and clean the fuel system, but it did not take care of my problem, thats when they said they called the company I had the extended warranty with and it would be coverd for furter repairs.
Now as I stated earlyer, they never were able to fix it, screwed up my whole vacation.
Once I got home I took my watercraft to a local dealer to repair at my cost, and would you believe he found out my problem was DIRTY GAS ?? the same problem the repair shop in Arizona said was my problem in the first place and that I paid to correct out of my own pocket before this whole mess started !
Once this local dealer cleaned my fuel system correctly my water craft ran great, This was almost two years ago and its never given me any more problems.
No cotracts of any were signed, But they keep threatening me to take me to court. I have asked them over and over to so me some proof that I qwe them for the work the did on my water craft, and never got any answer.
Now they have a law office in Utah threatening me take to court
I explained the whole story so many times to them I lost count, but it's been like talking to a brick wall. I also asked them to send me proof that I owe them anything but have not got anything.
BTW this bussiness is in Payson Arizona which borders on Utah, why they have a law office in Utah trying to collect there money
instead of Arizona is beyound me.
As far as I can tell they would never have a case to begin with, but it sure would be nice to get them off my back.
Flamin Dually

I reciecved anouther treatening letter from the law office trying to collect this charge again today.
Is there anyway I can get them off my back? Like I said before to me they woulden't even have a case if we did go to court.
I have asked over and over again for them to show me proof.
The law office said they have a work order with the list of parts they used for repairs on my water craft, but when I tell them this so called wok order has no signature it makes no differance.
Thx for any help

Obviously, your attempts to resolve this without litigation are falling on deaf ears.....

Try formalizing this issue. Send them a FAX (or letter by certified RRR). Do NOT go into any details, simply say that you are not obligated for this debt and demand that they (1) cease all further contact, or (2) provide sufficient validation to support their claim against you. Include a statement that any further contact without validation will be in violation of the FDCPA (Fair Debt Collection Practices Act) and that you would consider taking legal action against them and filing a violation notice with the FTC (Fair Trade Commission).

Then, sit back and see what they say.

Thx for the info maybe if I give them somthing to concider they will back off
Flamin Dually