Small claims - Time Limitation

Trebor01

Hi everyone.

Is there a time limit for making a small claim against someone. I.e. the incident I am referring to occurred 2 years ago, can a claim still be made....? or would this claim need to have been issued already.

The claim is to do with back dated rent owing.

Thank you.

bod1467

I think the limit of liabilities is 3 years, although it is 6 years for Sale Of Goods Act (SOGA) claims (in England ... in Scotland it is 5 years from discovery of issue for SOGA).

In short - if you're looking to initiate small claims action I'd suggest doing it within the next 6 months or so.

arcon5

What kind of claim is it?

somethingcorporate

I think it is 6 years for everything but Personal Injury (which is shorter - 3 years or something).

Equaliser123

6 years for a claim based on breach of contract.

bod1467

I stand corrected.

nomoneytoday

Do they have the money to pay you, if you prove the case and win?

Trebor01

Yes they have the money, she is loaded.

somethingcorporate

Then go for it!

Is there a legitimate reason for the delay? It may be brought up if it ever gets to court.

Hintza

Yes why the delay? If there is not a legitimate reason I imagine it will be frowned upon.

InsideInsurance

It is generally speaking 6 years from the "date of knowing", the key exception being for personal injury in which case 3 years from the date of knowing.

The date of knowing will vary but for an adult of sound mind in most circumstances its when the incident happened.

For a minor then typically the clock starts ticking from their 18th birthday and so they have until their 21st b'day for injury claims or 24th b'day for non-injury.