Legal Question in Credit and Debt Law in California

A friend of mine claims to have loaned me $2000 in 1998. I have no recollection of a loan of this size, nor can find no proof in the form of a cancelled check or statement. This person has a personal "check register" showing a check made out, but no official documentation to back it up. The timeline of said loan is suspicious as well. My question is, am I under any legal obligation to pay back a loan I have no memory of? There was no contract signed, no payment due date of any kind. She claims payback was "verbal", to which I also question. 12 years later her recollection is spotty, and mine is non existant. If it is proven that she did give me this money, with a cancelled check as proof of receipt on my end, am I obligated (legally) to pay back a loan I do not recall ever being given? It is my understanding that even if this all turns out to be true, the statue of limitations on a verbal promise to pay expired some time ago. To be clear, I have no memory of any loan of this size. I appreciate any help you can give. Thanks!


Asked on 2/25/10, 12:53 pm

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

Your friend must be very broke at this time, or your friendship is on the rocks! In any case, your friend cannot legally collect on a "loan" made 12 years ago. The statute of limitation ran about 10 years ago.

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Answered on 3/02/10, 12:59 pm


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