Expert: Charles W. Field - 1/15/2004

Question
Hi Charles,

I'm the lead litgant in a class action. It concerns a computer school that reneged on their refund policy after I became ill. I've just found out that my attorney hasn't filed it yet even though the incident took place almost a year ago. My attorney is filing it within the next 2 weeks. Is there a time limit when it comes to filing a class action and can it make it harder to win(my case is "cut and dry" from my understanding)? What could possibly be the reason it takes this long to file? Thank you.

Answer
In GA, you would have two years to file a tort case and four years to file a case for breach of contract, so if the statute of limitations is the same in your state (which is doubtful), there really isn't any hurry from a legal standpoint. Since I know nothing about the law of your state, unles you are in GA, and more importantly since I don't know under what law the case is being framed, I can't really comment. I would ask the attorney why the delay.