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  1. #1
    Join Date
    Sep 2017
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    10

    Default How Long Does One Have to File a Small Claims Case

    My question involves court procedures for the state of: CT

    Hi

    Looking to find out how long after an incident, do I have to file a case in small claims court. I found a page on the CT site with the SOL, but I cant get an answer there. This is for some damage to my vehicle.

    I called the court clerk office, and told them I have a cause of action, but they consider the answer to be legal advice. I do not understand that, but anyway.

    Can someone please tell me how long I have to file? Thank you!

  2. #2
    Join Date
    Mar 2013
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    16,746

    Default Re: How Long Does One Have to File a Small Claims Case

    For CT it's two years from the date that the injury is discovered, possibly up to a year longer with late discovery.

    What are you waiting for?

  3. #3
    Join Date
    Jul 2010
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    7,600

    Default Re: How Long Does One Have to File a Small Claims Case

    Can you post a link to the statute you found so we can try to interpret it for you?

  4. #4
    Join Date
    Sep 2010
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    18,903

    Default Re: How Long Does One Have to File a Small Claims Case

    The clerks are not lawyers. They can not give you legal advice.
    You have three years to bring property damage suits. There's no difference between small claims and regular civil actions.

  5. #5

    Default Re: How Long Does One Have to File a Small Claims Case

    Its no wonder the OP is confused! How does one reconcile Section 52-577 of the Connecticut Statutes of Limitations with Section 52-584?

    "Sec. 52-577. Action founded upon a tort. No action founded upon a tort shall be brought but within three years from the date of the act or omission complained of."

    "Sec. 52-584. Limitation of action for injury to person or property caused by negligence, misconduct or malpractice. No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct, or by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except that a counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed."

  6. #6
    Join Date
    Sep 2017
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    10

    Default Re: How Long Does One Have to File a Small Claims Case

    Quote Quoting free9man
    View Post
    Can you post a link to the statute you found so we can try to interpret it for you?
    Sure!:

    https://www.cga.ct.gov/current/pub/chap_926.htm

    If you wish to try and interpret that - go right ahead!

    It's only been several months - so if the SOL says either two or three years, that's ok, as I am going to the courthouse to file on Mon. I just wanted to make sure it's not months.

    And yeah - that ct.gov link is just too confusing for a lay person as myself.

    Thanks again.

  7. #7
    Join Date
    Sep 2010
    Posts
    18,903

    Default Re: How Long Does One Have to File a Small Claims Case

    They both apply. Try reading the annotated code. Two years from when you knew or should have known the damage occurred (if the claim is negligence, etc...) but in no case more than three.

  8. #8

    Default Re: How Long Does One Have to File a Small Claims Case

    Please pardon me for disagreeing, but they do not "both apply"!

    In this instance the OP has two (2) years from the date of the accident to bring her action.

    The "not more than . . . " clause contained in CT General Statutes Section 52-594 must be taken into account with the "one additional year saving statute" (52-592) and the " 3-year tort limitation statute" (Section 52-577). (See: Rocco vs. Garrison 268 Conn. 541; 848 A2nd 352; Chappetta (I) vs. Soto, 453 F. Supp 43 and Chappetta (II) vs. Soto 581 F. Supp 292)

    Also, for purposes of the statute of limitations in Connecticut an action is commenced when the defendant is served; not when the complaint is filed. (See: Rana v. Ritacco, 236 Conn. 330, 337 (1996)

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