I was in a really bad place last year and I let someone take advantage of me financially and she told me that she would pay me back but she never did. We signed a paper and everything and I was wondering is it too late to take her to court to get the money that she owes me and me more. Does anyone know?
2007-03-21 15:26:25 · 8 answers · asked by sammycolt 2 in Politics & Government ➔ Law & Ethics
You need to check with the folks down at your county courthouse, even though they won't handle the matter since it is a civil problem they can direct you to the proper department in your town; for free.
Most civic actions are 5 years (not 7 like most folks will tell you) but the length of time will matter if the amount is small. The judge will ask you first and foremost why you waited to file.
Good Luck
2007-03-21 15:36:40 · answer #1 · answered by Anonymous · 1⤊ 0⤋
As a general rule the statute of limitations is two years, but if you can prove that you have been asking about when she is going to pay or contacted her about paying, I think the statute of limitations continues for two years from the last contact.
Forget about a small claims court. If you win, it simply means that she owes you the money, but the court will not force her to pay. You will still have to sue.
You could file a Mechanics Lien against her and list the things she has in the Lien. Then she cannot sell anything until the Lien is paid. She, however would have to prove the Lien was unfounded.
2007-03-21 22:55:13 · answer #2 · answered by gyro-nut64 3 · 1⤊ 0⤋
Skip calling the lawyer, the local Small
Claims court will tell you what you need to know and do. Assuming the amount in question is under $5000, you pay $15, and they serve the defendent and you get a hearing, no need for lawyers, just like on tv. The two parties explain their side and the judge rules.......
2007-03-21 22:35:19 · answer #3 · answered by Outside the box 6 · 2⤊ 0⤋
In most states it is not too late. You have 3 years for a verbal agreement and 5 years for a written agreement. I advise you to see an attorney immediately. You are running against a statute of limitations. You may be out of time, but in the majority of states you are not. An attorney in your area is where you need to start, ASAP.
2007-03-21 22:30:14 · answer #4 · answered by cyanne2ak 7 · 2⤊ 0⤋
Laws vary state and even based on the time of claim. Here in California, the statute of limitation for breach of a written contract is 4 years. It is two years for breach of a verbal contract. You need to contact a local attorney for further assistance.
2007-03-22 00:06:55 · answer #5 · answered by Carl 7 · 0⤊ 0⤋
before you do this just remember the lawyer fees, and court cost will probably exceed what she owes you. She also could counter by filing for bankrupcy in which you would get nothing but a bill from your lawyer.
2007-03-21 22:43:12 · answer #6 · answered by King Midas 6 · 0⤊ 0⤋
It depends on where you live...3-5 years is the norm to go back and sue someone beyond that..its a lost cause
2007-03-21 23:13:18 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Depends on local law. Get free consultation form a legal firm, just watch the ads on court TV to see who's offering them that day.
2007-03-21 22:29:41 · answer #8 · answered by The Big Box 6 · 1⤊ 1⤋