A small claims action might not give rise to a claim of abuse of process simply because the litigants are not lawyers.I'm not talking about FTC violations. In California, this type of situation could give rise to a claim of Abuse of Process. If the other party knows that the claim is time-barred, yet sues anyway, that is abuse of process. In fact, even if the other party doesn't know, it can be an abuse of process because they should have known. Once the suit is found in the defendant's favor (based on the SOL), that would give rise to a claim by the defendant against the plaintiff for abuse of process.
The main thing heyitsr needs to be concerned with is the purchaser filing a lawsuit against him, even if the lawsuit has no merit. heyitsr will need to respond to any legal action so a default judgment is not entered.