My ex totaled my car... but it's been a couple years... is there a time limit on suing someone?
My ex totaled my car because he was on pills. He then lied about it for months and got arrested one month before our wedding. My parents lost several thousands. I want to sue him for the car but it's been so long.
- Gregg DesElmsLv 61 decade agoFavorite Answer
First of all, you are talking about a civil, and not a criminal matter... just to make that clear.
In most states, there is a time limit by which you must file a civil suit, or your opportunity will have been lost forever.
It just depends on the state. In some states, it's a year; in others, it's three years; and in most states, the amount of the suit also plays a role in how long is the statute of limitations.
You have not even clearly articulated your cause of action in your question. To the casual observer... strike that.. to me, it sounds a bit like a domestic dispute, and not something which rises to the level of civil actionability. The courts would likely see it that way, too.
Plus, it has been a couple years.
And it COSTS A LOT OF MONEY TO SUE SOMEONE... hundreds of dollars just to file; then even if you don't hire an attorney, hundreds or even thousands more dollars in various fees, plus court costs. The car he wrecked would have to have been a brand new, top-of-the-line Mercedes, with solid gold wheels, to likely make it worth your while.
Of course, that's an exaggeration; and if you filed in small claims court, much of what I just wrote would be untrue. But I'm making the point that unless the payoff is significant, then by the time you factor-in just your time and trouble, not even counting the costs, it's probably not worth it.
So, I'd forget about it.
But, you know, THAT is not an answer upon which you should rely. It's a LEGAL question, and should ONLY BE ANSWERED BY A LAWYER.
So, go find a member in good standing of your state's bar and ask him or her. Do NOT go by what you read in a place like this for something so potentially important.
Hope that helps.
- 1 decade ago
Depends on what state you are in, and the statute of limitations on that particular claim. A couple years? Most likely, you won't be able to sue. Take it as a loss.
- Max HooplaLv 71 decade ago
It depends on the state. Two to four years is normal.