i want to file a small claims for auto repair that was not fixed and the company wont respond to me ..question is it was over a year ago is it to late for me to do so? i have just found out about some of the work they claim they did and it wasnt..am i out of time? live in central florida
Statute of limitations for a written contract in Florida is 5 years. SOL for oral contract is 4 years. If you cannot prove a contract, then you can bring an action for unjust enrichment, which is also 4 years.
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You are not out of time. Hopefully, you have the records from the original repair, and the person who has told you about the original work will someday have to be willing to testify.
You got two real good answers. Now what? Go see an attorney. Try to find a consumer rights attorney in your area. They will know how to proceed and secure attorney fees if possible from the repair shop. Good luck.
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