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| Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer. |
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#1 |
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Posts: n/a
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got a $1,000 from an ex now they want it back
I was dating someone for a few months. During this time I was given $1,000 by this person. I offered to repay the money but was told not to worry about it. We decided to stop seeing each other a few months later. It has been more then 1.5 years since I talked to this person and about 2 years since I was given the money. I received a letter in the mail today saying I had to repay the money or further action would be taken.
Does the statue of limitations still apply in this situation? If so what is the time frame? Since there was no written contract and I was given cash is there even a case to take to court? Thanks for any help you might be able to proivde. |
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#2 |
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Top Level Member
Last Online:
Yesterday 02:40 PM Join Date: May 2007
Posts: 692
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The real question is was it a gift or a loan. You need not pay back gifts.
Oral agreements to pay back can be valid for several years so the SOL would not likely help you. |
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#3 |
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Posts: n/a
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I was under the impression that it was a gift. I offered to repay the money a few months after it was given to me and was told "not to worry about it". Now it has been a year and 9 months and I get a letter saying I have to pay it back.
To my knowledge there was no verbal agreement to repay the money which was given to me in cash. Like I said I offfered to repay but was told I didn't need to. Now the person has changed there mind and wants to take legal action. |
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#4 |
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Waiting almost two years to collect may work in your favor. Attempts to collect on a loan should be prompt and with repeated attempts to collect, documented with registered letters, signed receipt requested to assure delivery and acceptance. (put registration # on letter). From you post, it doesn't sound like an active attempt to collect was started promptly. I would thing that a small claims judge will want to know why there was such a long wait in their first attempt to collect.
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