How Long Do We Have to Recover Dues?

I'm on the board for a condominium complex in California. We are trying to recover unpaid dues from a former owner. Our lawyer filed a lawsuit, but was unable to serve the defendant, and we were therefore forced to drop the lawsuit. At this point, the plan is to wait a while and try again.

My question is: How much time do we have? If we find this guy a year from now, will it be too late to re-file the lawsuit? How about two years? Five years? Ten years? I assume there is a statute of limitations or legal deadline which will automatically eliminate the debt at some point in time. What is that deadline?

-TC

??? ask your lawyer ???

I think "ask your lawyer" is the best answer.

Nevertheless, if you insist, the answer depends on the limitations as contained in California statutes. And it depends on in which court the action is filed.

In small claims court, typically, the limit is 5 years but California law may be different. But in other equity courts, the length of time varies between 3 years and 10 years in most states.

So first determine which court would have jurisdiction, and then check California statues. You should also check any Davis Sterling Act sections which may speak to this issue, independent of general statutes of limitation.

I would not have your lawyer trying to serve the defendant. There are people who are going to be much better at tracking them down and cost a lot less.