Legal Question in Credit and Debt Law in California

Statue of limitations of a Personal Check for a personal loan?

A personal loan was given to an individual in November of 1997,in form of a personal check.The verbal agreement was to satisfy the amount withen three months! He paid 50% of the balance with one check of his after several broken promises about 9 months later. I've taken this matter to small claims court with an extention to provide from my bank a copy of the original check! What other legal options do I have in this case? What is the statue of limitations since he signed in back of my original check without a written contract?


Asked on 1/20/01, 7:01 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Statue of limitations of a Personal Check for a personal loan?

Statute of limitations for a contract his two years for an oral contract and four years for a written contract. The time starts running from the date of the breach, not the date the contract was signed. Depending on what he wrote on the check, the check might be considered a written contract.

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Answered on 2/15/01, 2:35 am


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