Legal Question in Credit and Debt Law in California
a friend has been served to appear NEXT tues at Supierior court
an old girlfriend wants money, undisclosed amount 2 weeks notice!!!
she wants money from a relationship 3 or 4 years old
she has many resources
how can an innocent guy defend himself? what can he do?
is this even legal!??
1 Answer from Attorneys
The statute of limitation on an oral agreement -- if that's what it was -- is 2 years from the date the debt was supposed to be repaid.
I suspect that she filed the small claims action more as a means to see him again and annoy him, rather than to get money from him.
Your friend must emphasize the timeline for the relationship, and be certain of the date it ended for purposes of the statute of limitation. In addition, he might deny (if correct) that he ever agreed to pay her back for things they did mutually at the time they were in the relationship, unless the money was for things that were unique to him, i.e. bail, purchase of a car he's still using, a divorce lawyer for a previous marriage, etc.
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