Statute of Limitations in California for a Personal Loan Without Promissory Note

[lisanogie]

My question involves small claims court in the state of: California

I understand I have two years to file a small claims lawsuit without a signed promissary note. The person I loaned the money to was a friend and she's been telling me she is going to pay, but hasn't made a single payment. Is it too late to file? I have it in writing and on voicemail where she keeps promising to pay me back.

Any advice would be helpful. The amount loaned was $3,000.00

Money was loaned in November ($2,000) and December ($1,000) 2008

[Mr. Knowitall]

No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, provided that any payment on account of principal or interest due on a promissory note made by the party to be charged shall be deemed a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as any such payment is made, the running of the time within which an action may be commenced upon the principal sum or upon any installment of principal or interest due on such note, and to start the running of a new period of time, but no such payment of itself shall revive a cause of action once barred.

If the writing you received fulfills the statutory requirement, and was received after the debt expired, if confronted with a statute of limitations defense you could attempt to use the writing to argue that the debt had been renewed as of its date. Whether or not that might work will depend in no small part upon exactly what the writing says.