關於訴訟期限, 請老貓和知道的人幫忙

I hired a contractor this Jan of 2010 in California. We signed a contract
of amount $3900. but he didn't do anything and cheated total of $9000 from
me due to some bad tactics(I thought the check is discarded by him, and
he told me so, I send another check to him, he went to cash checking both
checks).

I don't want to spend too much of my energy and time to fight with him since
I live in HK most time.Now I have two options, to ask a lawyer to sue him
or to sue him in small claim court and can only get max of $5000. which
one is better option for me? Since I need to go back to China soon, the
supposed hearing is dropped due to no "proof of service". The court date
has to been rescheduled to later date. My question is after how long I could
still sue him in small claim court and normal court? and how to calculate
the effective date of having the right to sue? Thanks.