Todd W. Elliott*
*Passed the Bar
in Pennsylvania and West
You Get a Free Consultation
If You Are Considering Our Firm
to Handle Your Case in Western
Pennsylvania at Our Hourly Fee.
You have a 4 year period to sue for breach of contract, 2 years
for negligence, and 1 year for defamation, and 6 months to give
formal notice to a government entity of your intention to sue.
You must sue the correct party within the limitation period,
meaning, if your dispute is with a business that is incorporated,
you must sue the corporation, not its individual owner. Likewise,
if the business is not incorporated, you must sue the owners, not
merely the company name.
Be careful about the date the actual date of the statute of
limitation. If you merely send a letter or making a claim in the
small claims court (in Pennsylvania known as Magisterial District
Court), that's not enough. You have met the requirements at law
when you have filed your civil Complaint in the county department
of court records (not the magistrate court) delivered the
Complaint to the Sheriff for service of process.
For example, if you file a breach of contract case (4 year statute)
in the Magisterial District Court on a claim three years and
eleven months old, and you were not able to get service of
process on the defendant within the four years, you will be
precluded form maintaining your claim if the defendant claimed
that he or she has the protection of the statute of limitations.
However, the same is not true, if you had filed in the Court of
Common Pleas. There, as long as the Complaint is filed before
the end of the four year period and service has been attempted,
the defendant cannot claim the protection under the statute of
owed, or defend
claims court, out
of state litigants,
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Pittsburgh, PA 15219