Q: What are the statue of limitations on FL county civil court regarding a previously uncollected relative owed 16k debt?
Brother went to jail and my wife/I maintained his car, insurance, lawyer, etc. and the end bill was about 16k. Not including any interest and such. He has never paid and has never had anything of value until recently. He has purchase a home, pickup truck, and even a boat. I know he will not voluntarily pay what is owed so I would like to put liens on his property. There was a verbal agreement that once he was out and "back on his feet" he would start to pay me back. Never happened. Have receipts and such for all payments made on his behalf. This all occurred 10 to 12 years ago. Have never tried to collect the debt until now and again only decided to collect at this time as he has property a lien can be attached to. Not sure on the statue of limitations on a county civil case and when does it start since this will be the 1st official time to collect the debt. Don't want to pay the 400.00 filing if the statue of limitations has expired and he can then sue me for court and attorney fees.
A: 4 years on a verbal contract and 5 years on a written contract. Based upon the facts that you present I think that you cannot pursue the case. Sorry.
A: I am sorry for your situation....as they say....no good deed goes unpunished! You paid the expenses of another out of the kindness of your heart to try to help, but there was no formal agreement and even if there was, without any payments received, your time to collect would have been 4-5 years from the last disbursement. Know that you did the right thing under the circumstances and you will be rewarded in other ways. Best of Luck! Jennifer
A:
I disagree with Mr. WIlliamson. The statute of limitations only begins to run from when the breach occurred, not when the contract was formed. So it depends on when this person was "back on his feet" and you knew about his financial status that would have triggered repayment under the agreement, and when you demanded payment, and he refused. Only after all that occurs would the statute of limitations begin to run.
The bigger issue for your case, however, is the Statue of Frauds. Contracts that are more than $500 or more than one year in duration must be written, and are only enforceable by a writing signed by the person against whom you are trying to seek redress.
There may be other legal theories to recover your money, such as unjust enrichment (called "quasi contract"), which prevents someone from unfairly receiving things of value without compensating the other party. I suggest contacting an attorney soon to evaluate your case, and disregard Mr. Williamson's advice.
Good luck!
Griffin Klema
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