Hurt, wronged, or owed money
THINKING ABOUT SUING
What Idaho law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing over a death or a personal injury
- From
- The death or the injury
An action for a death caused by the wrongful act or neglect of another, or for an injury to the person, is brought within two years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
3 years
Suing over property taken or damaged
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
An action for taking, detaining or injuring goods, including one to get personal property back, or for trespass on real property, is brought within three years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
5 years
Suing on a written contract or debt
- From
- The claim arising, or the last payment of principal or interest
An action on a contract founded on a writing is brought within five years, and any payment of principal or interest counts as a new written promise to pay the rest.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
4 years
Suing on an oral contract
- From
- The claim arising
An action on a contract or obligation not founded on a writing is brought within four years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Idaho guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
180 days
A claim against the state
- From
- The claim arising, or when it reasonably should have been discovered, whichever is later
All claims against the state, or against a state employee for an act within the scope of employment, are presented to and filed with the secretary of state within 180 days.
Step 2
180 days
A claim against a political subdivision
- From
- The claim arising, or when it reasonably should have been discovered, whichever is later
All claims against a political subdivision, or against one of its employees for an act within the scope of employment, are presented to and filed with its clerk or secretary within 180 days.
SMALL CLAIMS COURT
The limit in Idaho
Up to $15,000
Idaho Code § 1-2301 and Idaho Code § 1-2311 — claims to $15,000, no lawyers at the hearing, and thirty days to appeal
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Idaho attorney.