Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2016
    Posts
    1

    Default Statute of Limitations on a Personal Loan to a Friend

    My question involves court procedures for the state of: Texas

    Hello, I loaned my exboyfriend's brother money in 07/30/2014 in the amount of $3,000. This was done by way of check written to brother, with memo of "Loan" written on check, of which the brother signed and deposited in his account. I am trying to collect in small claim's court and was wondering if still valid under statute of limitations to take to small claims? He is offering $100 monthly and I did not accept because it's too low. I have text messages showing he is offering to pay $100 monthly and stated to me I will not tell him terms to pay me back. There was not written or oral contract. Money was loaned to Exboyfriend's brother but boyfriend states (via texts) he was given some of the money for his use and that he (exboyfriend) owes me and wants payment plan. Kindly advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Statute of Limitations on Personal Loan to Friend

    The general statute of limitations for contracts is four years.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Statute of Limitations on a Personal Loan to a Friend

    Quote Quoting Trudy
    View Post
    My question involves court procedures for the state of: Texas

    Hello, I loaned my exboyfriend's brother money in 07/30/2014 in the amount of $3,000. This was done by way of check written to brother, with memo of "Loan" written on check, of which the brother signed and deposited in his account. I am trying to collect in small claim's court
    There is no try. There is only sue or not sue. Have you filed the court papers and had the summons and complaint served on the brother?

    If you haven't, then you aren't doing anything in small claims court, you are just blowing hot air.

    If you have filed and served the lawsuit, there is no need to continue discussion. Let the case run its course and if you get a judgment you'll have a little more leverage.

    Quote Quoting Trudy
    View Post
    was wondering if still valid under statute of limitations to take to small claims?
    Yes.

    Quote Quoting Trudy
    View Post
    He is offering $100 monthly and I did not accept because it's too low. I have text messages showing he is offering to pay $100 monthly and stated to me I will not tell him terms to pay me back. There was not written or oral contract.
    You may have a problem there if no payback terms were discussed. On the other hand it could be construed that the entire $3000 was to be paid back within a reasonable amount of time and two years later, nothing has been paid.

    Quote Quoting Trudy
    View Post
    Money was loaned to Exboyfriend's brother but boyfriend states (via texts) he was given some of the money for his use and that he (exboyfriend) owes me and wants payment plan.
    I suggest that you tell Ex BF that he is welcome to send you money but you are still suing his brother because that's who the check was made out to. Doesn't matter who the brother gave money to.

    Again, until you actually sue the brother (and not just talk about it) you'll get nowhere.

    1. Sponsored Links
       

Similar Threads

  1. Loan Agreements: Personal Loan Statute of Limitations
    By Rukus in forum Debts and Collections
    Replies: 2
    Last Post: 06-24-2012, 06:03 PM
  2. Defenses: California Personal Loan Statute of Limitations
    By sharon108 in forum Civil Procedure
    Replies: 1
    Last Post: 08-02-2009, 09:05 AM
  3. Collection Lawsuits: Statute of Limitations for a Personal Loan
    By reseda2009 in forum Debts and Collections
    Replies: 5
    Last Post: 06-17-2009, 12:40 PM
  4. Collection Lawsuits: Statute of Limitations for a Personal Loan in Texas
    By msv in forum Debts and Collections
    Replies: 3
    Last Post: 08-07-2008, 07:53 PM
  5. Defenses: Statute of Limitations for a Personal Loan
    By cymp027 in forum Civil Procedure
    Replies: 7
    Last Post: 11-29-2006, 08:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources