Legal Question in Credit and Debt Law in California
loan
I lent a relative money, its been 3 years and they intend not to pay. There is no contract.
Asked on 9/15/00, 1:07 pm
1 Answer from Attorneys
Joshua Genser
Joshua G. Genser, Attorney at Law
Re: loan
There is, too, a contract. It's just that it's oral rather than written. It's just as enforceable as a written contract, but harder to prove. Your biggest problem is that the statute of limitations on enforcement of an oral contract is two years. If there is any possible argument that it is less than two years since the contract was breached (since you were supposed to have been paid back), then take your relative to small claims court.
Answered on 10/17/00, 12:05 pm