If you have a case that you want to take to small claims court, it is important that you file it as soon as reasonably possible. Why? Because there is a time limit for filing! Aside from filing as soon as possible to get to the end of a matter, there are also legal reasons to go to small claims court before it is too late.
Statute of Limitations
Each state places limitations on how late is too late to sue another party. This limit is a hard and fast legal rule and is referred to as the Statute of Limitations. If Bob chooses to sue John, the statute of limitations for him is three years, which means that Bob needs to file his lawsuit within that time frame.
But the timetable isn’t always black and white. Some types of cases or claims asserted in lawsuits may be under a different statute of limitations period. For example, a case for personal inquiry may be under a shorter statute of limitations period than a case for a breach of contracts. Other circumstances may also delay or extend the start of the time period, such as if it is difficult to obtain information from a party who is incapacitated for a time so they cannot sue or be sued.
Other Considerations
Typically a statute of limitations is a firm rule, so it is advised that you try to keep that timetable in mind. But there are also other practical considerations when it comes to choosing when to go to small claims court.
You may need time to gather witnesses or documentation, such as a lease or contract. You may also need time to determine if you even have a case and what you should do next.
You might also be able to resolve the matter with the opposing party outside of a courtroom. Sometimes just the threat of a lawsuit brings about results.
If you do have a case, it is important that you file it before the statute of limitations expires as courtrooms do not look favorably on cases filed after the date.