Miami, FL asked in Contracts and Civil Litigation for Florida

Q: Can I sue after 4 years for a loan with partial repayment in Florida?

In February 2021, I lent $50,000 to someone I was in a relationship with without a written contract, but with a verbal agreement. He returned $20,000 that same year but has since refused to pay the remaining amount. I have bank deposit slips and text messages as evidence of the loan. I reside in South Florida, while he has since moved to Northern Florida. Given that four years have passed and he is unresponsive to my communication attempts, can I still file a lawsuit to recover the remaining $30,000?

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2 Lawyer Answers

A: Probably not, several claims such as unjust enrichment or breach of verbal contract are time barred by the 4 year SOL. Signed emails may be considered written agreement, thus an argument can be made for that, but it is a difficult one to win.

James L. Arrasmith
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Answered

A: That’s a difficult situation, and it’s understandable to feel frustrated after waiting this long with no response. In Florida, the statute of limitations for filing a lawsuit over an oral agreement is generally four years. Since the loan was made in February 2021, you may still be within the window to file a claim—but just barely. Time is critical, so you’ll want to act quickly if you decide to move forward.

Your evidence—bank deposit slips and text messages—can help show that the loan was real, that he acknowledged it, and that there was a partial repayment. That partial repayment also supports the existence of the agreement and shows he took the obligation seriously at first. The lack of a written contract doesn’t mean you have no case, especially if your messages clearly show his agreement to repay the full amount.

If he continues to ignore you, you can file a civil lawsuit in the county where he now lives or where the agreement took place. Make sure to organize your documentation clearly and be prepared to explain the terms of your verbal agreement. You’ve been patient long enough—it’s okay to take steps now to hold him accountable and try to recover what you’re owe

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