Taking Someone To Small Claims...Time Limit?

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  • SilverSabre25
    Senior Member
    • Aug 2010
    • 7585

    Taking Someone To Small Claims...Time Limit?

    Is there a time limit on filing something in small claims?

    I ask because of the family that left suddenly and owes me $240. They left back in, what was that...early April? I think? I sent them a certified letter, they never picked it up, and it was finally returned to me.

    Now I need to file in small claims, but I have to do it in person at the courthouse downtown. I can't transport daycare kids, and DH keeps working overtime on his day off (Friday) so I can't go do it then, either. To top it all off, I'm 38 weeks pregnant and don't know how long it will be before the court date, and I'm worried about losing the case if I can't show up due to being in the hospital having a baby.

    I'm thinking about letting it go a couple more weeks until I'm off for my maternity leave, and going down to file then. Then, whenever the court date is, I can get a substitute (even though I'd have to bring the baby with me...which might be weird, I guess) for the day and not have to worry about not being able to show up.

    I'm worried about the timing though...if I don't do this SOON, am I going to be out of luck?

    Oh, and my pregnant hormonal self would almost rather just forget about it at this point because it's just one complication too many, one more thing I'd rather not have to deal with...but DH won't let me. Yes, he's insisting I do it yet is refusing to give me time on a Friday to go do it...it's kinda hypocritical but that's my DH for you. Sometimes he's a moron.
    Hee hee! Look, I have a signature!
  • missnikki
    Advanced Daycare.com Member
    • Mar 2010
    • 1033

    #2
    It does depend on your state, but your statute of limitations should be at least a year or 2, to allow for things like life to happen to you. You should be fine. Try to claim lost wages, too, if you have to hire someone for the day in court- judge might buy it.

    Comment

    • PitterPatter
      Advanced Daycare.com Member
      • Mar 2011
      • 1507

      #3
      Originally posted by SilverSabre25
      Is there a time limit on filing something in small claims?

      I ask because of the family that left suddenly and owes me $240. They left back in, what was that...early April? I think? I sent them a certified letter, they never picked it up, and it was finally returned to me.

      Now I need to file in small claims, but I have to do it in person at the courthouse downtown. I can't transport daycare kids, and DH keeps working overtime on his day off (Friday) so I can't go do it then, either. To top it all off, I'm 38 weeks pregnant and don't know how long it will be before the court date, and I'm worried about losing the case if I can't show up due to being in the hospital having a baby.

      I'm thinking about letting it go a couple more weeks until I'm off for my maternity leave, and going down to file then. Then, whenever the court date is, I can get a substitute (even though I'd have to bring the baby with me...which might be weird, I guess) for the day and not have to worry about not being able to show up.

      I'm worried about the timing though...if I don't do this SOON, am I going to be out of luck?

      Oh, and my pregnant hormonal self would almost rather just forget about it at this point because it's just one complication too many, one more thing I'd rather not have to deal with...but DH won't let me. Yes, he's insisting I do it yet is refusing to give me time on a Friday to go do it...it's kinda hypocritical but that's my DH for you. Sometimes he's a moron.
      I think the DCP are just waiting for u to drop it! Personally I would see it through. I am so tired of DCP thinking they are the boss and call the shots! This is YOUR daycare and if u are owed that money u have every right to go and claim it. I don't know what the time period is but I would call the courthouse and inquire.

      I'm sorry there is so much on your plate right now with being preg and all. I hope u can put it off and get what u are owed during your leave. Good luck!

      Comment

      • Crystal
        Advanced Daycare.com Member
        • Dec 2009
        • 4002

        #4
        have you checked on-line to see if you can file your case? the court house here allows you to file on-line.

        Comment

        • SilverSabre25
          Senior Member
          • Aug 2010
          • 7585

          #5
          Originally posted by Crystal
          have you checked on-line to see if you can file your case? the court house here allows you to file on-line.
          Yeah, checked that already...unfortunately while I can get the paperwork online, I have to file in person.
          Hee hee! Look, I have a signature!

          Comment

          • Childminder
            Advanced Daycare.com Member
            • Oct 2009
            • 1500

            #6
            I was told in Mich that the time is 6 years.
            I see little people.

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