Ask Experts Questions for FREE Help !
Ask
    slkoller's Avatar
    slkoller Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 22, 2010, 06:47 PM
    Statute of limitations on personal loan payback
    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's Avatar
    CinnamonBrownie Posts: 45, Reputation: 13
    Junior Member
     
    #2

    Nov 27, 2010, 03:16 AM
    Here's a nice link I found concerning the statute of limitations 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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #4

    Nov 30, 2010, 08:59 AM
    Quote Originally Posted by slkoller View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Statute of limitations on personal loan [ 1 Answers ]

I borrowed 30,000 from a friend in 1996. I paid one large payment of 10,000 in 2002. My friend told me not to worry about the rest and is now deceased. Is there a statute of limitations in Virginia for personal loans in case her family pursues this?

Statute of Limitations for Personal Loan [ 1 Answers ]

My ex-husband lives in Washington DC and loaned me $1000 three+ years ago. I loaned him $1500 16 years ago and never received one cent back. Now after 3 yrs he is calling me threatening me and wants his $ paid in full. He said if I didn't send him the $1000 he would take me to court. Is there a...

Statute of limitations in Canada for a personal loan [ 3 Answers ]

Hello, What is the statute of limitations in Ontario, Canada for a small personal loan? For example, I lend someone $300. They disappear for 5 years and then move back into town. How long from the date of the loan do I have to claim? Lets say the loan took place on Jan 01, 1995? Thanks.

Ontario & Quebec Statute of limitations on personal debt [ 7 Answers ]

Hello, I've been reading up as much as I can on the subject of the Statute of Limitations on personal debt in Ontario and Quebec as I've found myself in an uncomfortable situation with a lot of debt - some recent, some old. Most is from Ontario where I currently reside, but some is from Quebec...

Statute of limitations on a personal loan and promisary note [ 11 Answers ]

Okay this is the situation. I singed a promissary (sp) note on or around July 7th 2000, the loan was for $1,700. The promissary note did not state anything regarding interest. On October 24, 2000 she again loaned me $600 and on August 27th 2001 she sent me a check for $375.00 ( this was a gift, not...


View more questions Search