Is there a Limit?

[JSzynskie]

Hello,

I have searched the web for two days,
looking up-down-all around for a boyfriend,
just kidding an answer.
I need to know if there is a Statute of
Limitations on filing a small claim. Is
it to late to file a claim dating back to 1995? in Nebraska?
Thank You for your time.
J.Z.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JSzynskie:
Hello,

I have searched the web for two days,
looking up-down-all around for a boyfriend,
just kidding an answer.
I need to know if there is a Statute of
Limitations on filing a small claim. Is
it to late to file a claim dating back to 1995? in Nebraska?
Thank You for your time.
J.Z.<HR></BLOCKQUOTE>

My response:

Hey -- leave the jokes to Tracey and me, okay !!

Anyway, there's always a Statute of Limitations to contend with; but, the correct limitations period depends upon the cause of action being filed. For example, if you are trying to collect a debt upon a written contract, then the S/L could be 4 years or longer, or shorter, from the date of the last payment. If, however, your cause of action arises from personal injury, then the S/L could be as short as one year (California) or two years (Nevada). Without knowing your "cause of action" I couldn't tell you what it is for Nebraska.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 15, 2000).]

 

[JSzynskie]

Dear IAAL,
My client hired me to build a playhouse.
The agreement was he would supply the materials and I, the labor. Now the playhouse
has warped and has to be rebuilt. He said it is because I put the wood (presboard) to close together. I say it's the materials,
because presboard isn't for outside use,
even if it's covered or coated. That fact, I didn't learn untill after the fact. All I said I would guarantee is the labor, not the materials. I even offered to pay half of the
replacement cost. So, am I totally wrong?
No Jokes,
J.Z.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JSzynskie:
Dear IAAL,
My client hired me to build a playhouse.
The agreement was he would supply the materials and I, the labor. Now the playhouse
has warped and has to be rebuilt. He said it is because I put the wood (presboard) to close together. I say it's the materials,
because presboard isn't for outside use,
even if it's covered or coated. That fact, I didn't learn untill after the fact. All I said I would guarantee is the labor, not the materials. I even offered to pay half of the
replacement cost. So, am I totally wrong?
No Jokes,
J.Z.<HR></BLOCKQUOTE>

My response:

If you are in the business of building things from wood products, then you had, or are imbued to have, "superior knowledge" of those materials that are fit for a particular purpose, and you had a duty to inform him. If this was a one-time sideline for a client, for which you do something else, then no; they were his materials and your agreement is for the labor only, of which he owes you.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[JSzynskie]

IAAL,
Thank you for you opinion.

I agree with you on the "superior knowledge"
Now that you know the "cause of action", does the S/L apply? I would lean toward "yes", meaning time has expired to file a small claim in Nebraska. But, I'm no expert.
'Yes'or'No', could you suggest a web site
with information on this subject? I have
looked at the Nebraska Unicameral, but found nothing specific as to a deadline to file.
Thank You Again Sir,
J.Z.