Mount Vernon, OH asked in Small Claims for Ohio

Q: Is the statute of limitations to sue in small claims court based upon when the crime took place or when discovered it?

I helped a friend open a boutique about two and a half years ago. I created several custom pieces for the shop and donated a bunch of my unsold merchandise on consignment. She spent the next year selling things out from under me without me being aware and badly damaging everything that was on consignment while paying nothing on the bill I gave her for the creations that was only a third of retail value. She closed the shop without me even knowing about it until the day that it happened without notifying me that I needed to come get my stuff then she shuffled it into her garage at her house in the winter and it was largely inaccessible due to snowfall. When I went to pick everything up in March there was a bunch of stuff missing including things that I built for the shop and things that I gave on consignment and the rest of it was badly damaged. I would like to sue her for those damages and the losses.

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1 Lawyer Answer
Nicholas P. Weiss
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  • Cleveland Heights, OH
  • Licensed in Ohio

A: Ohio has a statute of limitations for breaches of written contracts of six years (R.C. 2305.06); and for breaches of oral contracts for four years (R.C. 2305.07). You are within the time limit to bring a claim.

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