Q: Can someone sue 11 years later with a cancelled check, not given as loan-no promissory note- but just became a loan?
I lived with my ex-boyfriend from 1998-2009 in Florida. In 2001, his mother gave us a check for $10,000, which I deposited in my checking account. I was never told it was a "loan". We didn't have an oral agreement regarding repayment, nor did I sign a promissory note. We broke up in 2009, he moved back to NJ & began dating someone else. After that relationship ended about 3 months ago, his mom started harassing me & demanding I repay all the money immediately & has threatened to sue... (she found cancelled check from 2001). They live in NJ & I still live in FL. Can she still sue me 11 years later? Would she need to use a NJ or FL attorney? Is there anything I can do before she sues, to protect my assets, or any other advice, as I don't believe I owe them anything due to other circumstances. Thanks
A: You do not owe. The statute of limitations on contract actions is 5 years from breach, but this is a circumstance where there was no contract, no promissory note. So, the statute of frauds applies. It says that the agreement must be reduced to writing if it is to last more than 6 month, I believe. She can try to sue you in Florida, there are not any ties to NJ if you never lived there. She cannot sue you for a debt which is this old. If she does you will need to hire an attorney in your area to file a winning motion to dismiss and try to get the attorneys fees you have to pay back, as well. Good Luck. I hope this has helped.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
