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How do I file a small claims suit? I was told that Ca. is a 4 year stat. lim. in regards to fraud. {date of Harm} True or false?

Folsom, CA |

With my incident the Home Warranty Companies rep. signed agreement with false info or accepted my license as a partnership in Nov. 2010. One Co. used 2010 & 2011. During this time period I had no liability and later I deactivated my lic. The original agreements were in place before the partnership entity existed. Although the new entity existed they still allowed kept using my sole prop. Showing no license verification check which is required by law was PERFORMED. When complaints were filed w/state board in early 2012 they updated to the partnership entity. {Bait and switch} Sole Prop. Lic filed w/HWC, Partnership Lic on contracts with home owner. This began the day after my sole prop was active. I yet to be served and have continuous harm. All confusing to me hoping not to you. SOL?

Attorney Answers 3


Small claims courts are filed at the county courthouse. There are forms available for you to use. Many courthouses have a facility where you can get help filling out the forms.

The statute of limitations for fraud in California is three years from the time the fraud is or actually was discovered. In many cases, this means three years from the discovery of the fraud.

I do not understand your situation, unfortunately, and cannot comment on the merits;

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Agree with my colleague.

As a California Attorney and one of the very few that are Fraud Examiners ( CFE member of the Association of Certified Fraud Examiners) I can help you with this problem. and, for consultation

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Your matter is very complex and would require a good deal of information to sort out your rights. You really need to locate and consult with an attorney.

The statute of limitations for fraud is three years from the date you discovered the fraud. If the facts disclose a breach of a written contract, you have four years from the date of the breach.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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