The Limitations Act allows you two years to sue a party for money you’re owed. That doesn’t mean you should wait until the eve of the second year to commence a lawsuit.
Why? Well, memories fade, documents get lost, and witnesses disappear.
It is difficult to prove a case if you can’t remember events, lose important documents or a witness dies.
What is even more frustrating are people who commence a lawsuit, then end up doing nothing to move the matter forward for a year or more. In Small Claims Court, a matter must be set down within thirty days after the Settlement Conference. It seems like only our firm actually complies with that rule, because many lawyers and paralegals fail to do so.
Having to refamiliarize yourself with a file you thought has long gone only to rear its ugly little head again is incredibly frustrating to both a party to a lawsuit and a legal representative.
In addition to the above, everyone, whether you’re a plaintiff or defendant is entitled to finality and it really is irritating to move a lawsuit forward long after you should have.
So do not be that person that waits until just before the two year anniversary of you being owed money to sue, and more importantly, move your matter forward in a timely fashion so there aren’t any issues which could potentially jeopardize the outcome.
Murray Brown, Licensed Paralegal