View Full Version : Statute of limitations on personal loan payback
slkoller
Nov 22, 2010, 06:47 PM
I loaned a friend going through hard times in 2002 $2000. He had a years worth of hospital bills and was going to lose his home. He made no effort to make any payments and since I felt he needed it more than I did at the time, I didn't pursue.
Now with the economy as it is and me starting a new business, I could really use the money.
I have since emailed him telling him the same and that we could work out some payment schedule. Haven't heard a word from him. Has the statute of limitations been reached? Do I have any recourse?
Occurred in 2002 in L.A. Calif. We spoke it was a loan and I wrote it on the check I gave him. He's not made any payments.
CinnamonBrownie
Nov 27, 2010, 03:16 AM
Here's a nice link I found concerning the statute of limitations (http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml) for various kinds of debts.
The list is broken out by state. When I look at California, I'm seeing 4 years for a debt agreed to in writing, 2 years for an oral agreement. Now, I don't know if there's a statute not addressed on that list that would control personal debts/small debts, but so far it's not looking good at all from my non-lawyer perspective.
Now, as a practical matter I wonder if it isn't possible to file a small claims suit against him anyway, and simply hopes he doesn't show up, which would give you a judgment by default. If he does show up you could simply walk away and eat the filing fee. I haven't tried such a thing but I've heard stories about some unscrupulous debt buyers that have tried that (and apparently it sometimes works).
I'm not a lawyer and you really should see one. :) I hope this helps in some way.
ScottGem
Nov 27, 2010, 07:22 AM
Forget about filing anyway. Unless you have an agreement to pay you back even a small claims court would throw it out before it got before a judge. Even if you had an agreement to pay it would be thrown out over SOL issues.
this8384
Nov 30, 2010, 08:59 AM
I loaned a friend going through hard times in 2002 $2000. He had a years worth of hospital bills and was going to lose his home. He made no effort to make any payments and since I felt he needed it more than I did at the time, I didn't pursue.
Now with the economy as it is and me starting a new business, I could really use the money.
I have since emailed him telling him the same and that we could work out some payment schedule. Haven't heard a word from him. Has the statute of limitations been reached? Do I have any recourse?
Occurred in 2002 in L.A., Calif. We spoke it was a loan and I wrote it on the check I gave him. He's not made any payments.
Unfortunately, you are well past the SOL on this loan.
Your only option it to continue to try and contact him regarding the debt; if he makes a payment of even $0.01, that will restart the SOL and give you grounds to file.