Legal Question in Civil Rights Law in California

I am being sued in small claims court my case was rescheduled because there was not enough time for our case to be heard. My mother is claiming she loaned me $3800 in Sept/2004 it was a gift not a loan to help with an expensive surgery. All she has is a letter demanding payment dated May/2011 and an entry handwritten in her checkbook she does not have a cancelled check or anything else she said it was a gentlemens agreement. I am pretty sure its a sure winner on my part just with the SOL alone just wanted some other opinions.

Thank you..


Asked on 7/16/11, 11:30 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Perhaps. It depends when you were to repay her. It sounds like the statute of limitations might be on your side -- 2 years for a supposed oral agreement, 4 years for a written agreement, calculated from the date of the last payment. Since you assert it is a gift, it is her burden to show that there was a repayment agreement and that the default occurred within the time frame mentioned above.

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Answered on 7/16/11, 8:08 pm


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