Small Claim After Statute of Limitations

[AdamRW]

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

I apologize if this is double post, my last post disappeared.
Back in January 2007, I loaned some money to a friend of mine. We had no written agreement. He has paid me about half since then. In Kentucky, the SOL for oral contracts is 5 years. So would that 5 years start when the money changed hands, or when he last paid me? He recently agreed to pay me $100 a month, but has yet to give me anything.

Can I use the last day he gave me any money as the start of the SOL?
Also, if he uses that defense, does that mean it has to be thrown out, or can we continue?

[flyingron]

It's five years from the breach (i.e., when he stopped paying). You *might* get the further promise to resume payments (it would have been better if he had paid something) as refreshing the limitations as well.

[AdamRW]

Thanks for the quick reply Mr. Flying.
This is kind of a convoluted story, so let me add some more detail.
During the whole process, he had given me some car parts in lieu of some of the money owed. He has always been broke, so I figured I would cut him a break.
Two weeks ago, he said he would pay me back the full cash amount ($600 vs $400 and car parts) if I gave him back the parts. Would that help?

[flyingron]

Well you can always file. If he wants to argue it's past the SOL, he can argue that, but all the subsequent negotiations may indeed bring it to life.