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    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #1

    Apr 8, 2009, 12:38 PM
    Statute of limitations in new brunswick canada
    I am being sued for a debt around $1500. This was a personal loan between friends, a non professional written statement was made by myself about repayment. (crumpled corner piece of paper at the time ) this was approx 9 years ago. I was an under age ( about 16 ) at the time. Does this person have a case against me and is there a time limit for the claimant to sue. Where can I find the legal info on these matters for evidence in court. Ie: sections, part, para etc
    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #2

    Apr 8, 2009, 12:43 PM
    Small claims : too much time passed?
    What laws can I use to win in small claims regarding personal debt between friends from about 9 or 10 years ago.
    Do they need proof of money that was loaned? Or can they verbally claim that it was loaned.
    Has it been too long, and what is the law saying that too much time has passed?
    phoxphyer78's Avatar
    phoxphyer78 Posts: 38, Reputation: 0
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    #3

    Apr 8, 2009, 12:43 PM

    Didn't realize you were in Canada. Call legal aide in your county, they will help you. Good luck!
    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #4

    Apr 8, 2009, 12:47 PM
    Quote Originally Posted by phoxphyer78 View Post
    I'm sure in all 50 states anyone under 18 cannot sign a contract, whatever or whenever it may be. The court will not use that as evidence at all. Call legal aide in your county, they will tell you the same thing. Good luck!
    Legal aid does not support small claims in my province. Can you refer me to where the law says this ( signing under 18 ) something to use in court
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Apr 8, 2009, 01:02 PM

    Every state has a staute of limitations and the ones on debts vary from state to state. Check your local SOL by googling SOL and your state name.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 8, 2009, 01:02 PM

    The SOL on debt depends on where you live. Generally 6 years is the max. But the SOL depends on latest activity not when the loan was taken out.

    As long as the debt exists you are responsible for paying it. But the SOL restricts how long they can sue you over it.
    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #7

    Apr 8, 2009, 01:51 PM
    Proof of money owed
    Does a claimant need proof of loan or is the decision ultimately up to the judge based on the verbal info given by both parties involved? In this case, it was a loan between two friends.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 8, 2009, 03:22 PM

    In my State - NY - verbal agreements are legal and binding. Both parties testify, Judge decides what does (or doesn't) make sense.

    Very often the party that borrowed has made a payment or two and then stopped - nobody pays back a gift so they, therefore, have admitted it was a loan.

    Don't know what your situation is, of course, or where you are.
    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #9

    Apr 8, 2009, 03:29 PM
    New Brunswick Canada SOL?
    what is the statute of limitations on a written contract in the province of New Brunswick. Canada. I can not find it online. Please help or direct
    jb120583's Avatar
    jb120583 Posts: 6, Reputation: 1
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    #10

    Apr 8, 2009, 03:33 PM
    Quote Originally Posted by JudyKayTee View Post
    In my State - NY - verbal agreements are legal and binding. Both parties testify, Judge decides what does (or doesn't) make sense.

    Very often the party that borrowed has made a payment or two and then stopped - nobody pays back a gift so they, therefore, have admitted it was a loan.

    Don't know what your situation is, of course, or where you are.
    I am in New Brunswick Canada, My situtation is an approx. 7 year old agreement written on the corner of a piece of loose leaf paper:S with no terms laid out. Just, I promise to pay you back blah blah blah. I have a few more related questions posted if you have time to answer them. Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Apr 8, 2009, 04:52 PM

    I've merged your threads. Please don't start multiple threads for the same question.

    If they have a document, signed by you priomising to pay, that's legal and binding. Doesn't matter what its written on or how its worded.

    Did you ever make any payments? If so when was the last payment?
    petertully's Avatar
    petertully Posts: 6, Reputation: 1
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    #12

    Apr 9, 2009, 05:17 PM

    If you borrowed it, why are you so unwilling to pay it back. Maybe you can make an arrangement to pay him something every month until the debt is wiped out. It really is the right thing to do.

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