Legal Question in Credit and Debt Law in California
what are the chances of winning a case where i let a friend borrow $4800 almost two years ago but i let her borrow it in cash and i just have emails and text where she states she knows she owes me the money. how much time do i have to file the case in court?
1 Answer from Attorneys
I think you have not received a response to this question because it is impossible for any of us to give you the odds of winning without first reviewing all of the facts of the case; and even then, if you are going to represent yourself you could still lose even if the case if you don't follow proper procedure. You could very well have one very large problem, and that is the statute of limitations. On an oral agreement (since you have no written promissory note), you have two years from the date of default in which to file suit, or lose the right forever to sue the borrower. It sounds like you might be close to crossing that line, after which you may never be able to recover anything. Your best advice is to review this with a local attorney and get a complaint on file as soon as possible, even if you think you might lose, it's better than absolutely being barred from ever collecting the money.
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