Small Claims Court statute of limitations?

dollybird

Registered User
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I wonder if there is a statute of limitations in Small Claims?
I have had ongoing property damage by a neighbor over the last 6 years and have accumulated CCTV footage which I think shows abuse, specifically of a gate and a wall which has led to damage.
Thank you.
 
I wonder if there is a statute of limitations in Small Claims?
I have had ongoing property damage by a neighbor over the last 6 years and have accumulated CCTV footage which I think shows abuse, specifically of a gate and a wall which has led to damage.
Thank you.

Yes. There is a Statute of Limitations in Small Claims. For Tort actions, it is generally 6 years.

You mention 6 years in your post.

You should try and resolve matters with your neighbour. Court proceedings seldom improve neighbour relationships.

mf1
 
You should try and resolve matters with your neighbour. Court proceedings seldom improve neighbour relationships.

mf1
Thanks.
Have tried. He has no interest. Police have spoken with him. I think a civil remedy is the lesser of 2 evils.
 
You could issue a summons under Petty Sessions Act 1864 which would force the guy to court and the District Court clerk could help. Need to be very factual and leave emotion out of it.

On the small claims side - you need to see that it is a matter they will deal with - I don't think its included.
 
Thanks. This is the common informer procedure?
I'm wondering as the damage has been cumulative for more than 6 months that the time limits might cause it to fail.
 
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