Legal Question in Civil Litigation in California

Following a 10 year personal/business relationship, my friend thinks he has inherited a very large sum of money and has had his attorney threaten me with a restraining order - even though I have made no demands of any kind and. On the contrary, he had been contacting me and actually owes me money that he has confirmed and volunteered to pay by Xmas. His attorney has now acknowledged the promise but said he will pay "by the end of 2011!"

I am hurt and insulted. Do I have any recourse?


Asked on 12/24/10, 3:14 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You have left our some important facts. Why does your friend claim to be entitled to a restraining order? That you haven't made demands leaves many other possible justifications for such an order.

Also, why does he owe you the money? Do you have an agreement (written or oral) about when you will be repaid? Without this information it's hard to give you a meaningful response.

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Answered on 12/29/10, 3:32 pm

Your question is impossible to follow. Please re-post it with understandable and complete facts.

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Answered on 12/30/10, 4:34 pm
Anthony Roach Law Office of Anthony A. Roach

You seem to have two distinct legal issues. One is the restraining order, which is to prevent violence and stalking, and the other is the debt. Neither have any legal significance to the other, only emotional significance.

Be aware that there are special time limits to file a lawsuit on the debt. If you orally agreed to loan money, you are subject to a two (2) year statute of limitations for breach of an oral contract in California. Additionally, if the contract was oral, you may be subject to a statute of frauds defense, depending on why the money was loaned and the underlying amount.

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Answered on 12/31/10, 1:14 pm


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