Legal Question in Credit and Debt Law in Florida

I let someone borrow 2,000.00 dollars 4 yrs ago. We had an agreement that it would be payed back with in a year. The note was signed ,witnessed and notarized. the person filed bankruptcy but did not include the 2000,00 with the intentions of paying it back. I call today to discuss taking him to small claims court seeing that the statue of limitation will be up this year(5).He has ask me to extend the time by suggesting we signed another agreement for a 1 or 2 years. Can this be done or does the first note take priority? please help me with this I don't mine doing this if I still have legal options for the extended time.


Asked on 1/08/10, 11:39 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Don't be dumb. Take him to small claims. If you sign a new agreement you will have lost your chance to get you money back now. Four years is long enough. If he had any intention of paying you, he would have done so.

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Answered on 1/13/10, 11:44 am
Sarah Grosse Sarah Grosse, Esquire

Obtaining a judgment against him may not be worth the paper it's written on if he has no ability to pay right now.

If you wish to give him additional time to pay you back, you can enter into a new agreement. The new agreement will re-start the statute of limitations (i.e. you will have another 5 years to sue him for the money if he still doesn't pay).

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Answered on 1/14/10, 3:41 am


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