Legal Question in Civil Litigation in California

Re: lawsuits

Unfortunately, anyone can sue another person for anything. Whether he/she will win is another matter. If you are making payments, the other person should be delighted. It would make sense for you to talk to the other person about the lawsuit, especially after the person receives your check. Perhaps the other person is concerned because one must file a lawsuit within 2 years of a breach of oral agreement. Good luck to you!

Re: lawsuits

You should probably speak with the other person and try to arrange a payment plan. Unfortunately, he did loan you money and would like to have it returned. A lawsuit would expedite that process, whereas, a payment plan would not. If you are in default already, then, you have already breached your agreement and he has the right to sue. Keep making payments so the total balance is reduced. Good luck and thanks for inquiring.

Re: lawsuits

First, is the agreement / contract regarding the payment for the services written or oral. If written, the statue of limitations is 4 years, if oral it is 2 years. Apply the status of limitations. If the agreement is outside of the 2 or 4 year limitations you may not be liable for repayment. If the agreement is inside the statute of limitations you need to determine exactly what the agreement was regarding repayment. If the agreement was silent on the issue of the terms of repayment the professional would be entitled to all the monies owned immeditaly. If the agreement simply stated that you need to make payments then said payments would have to be "reasonable" amounts. The reasonable amounts a court might award, if the professional sued, would be what is normal and customary within the industry the professional is engaged in. As an example, if the professional is an attorney the court might award a payment plan of $500 a month until paid. It is fully up to the discretion of the court. The best plan of action would be what the other attorneys who have answered this question have suggested. Keep making payments, thus reducing the actual debt and therefore decreasing the professional's desire to file suit based on the cost v. benefit of a court action. Hope this helped.