Legal Question in Credit and Debt Law in Florida
Debt recovery
I live in New York State. I ''loaned'' my 19 y/o sister $7,000 on 2/1/09 who lives in Florida. We had a verbal agreement that she would send me $200 every month until the balance is paid off plus 4% interest. I sent the check by mail to her. On the face of the check in the memo section I wrote ''Car Loan''. The only documentation I have is the cashed check. She used this money as a downpayment for a car but she bought a brand new car so on top of that she owes the bank $6,000. The $7,000 I ''loaned'' her was supposed to be the money for her to buy a used car outright. The salesman talked her into putting that money down as a downpayment and buying a brand new car which she did. The car is her only asset which she won't be able to pay off for years. It has been 5 months now since she cashed the check and I haven't heard from her once. She avoids me and hangs up on me. I tried to reason with her by email and told her at one point to send me what she could afford for the next few months and that we would work it out. What is my statute of limitations on a case like this? Who's state would I need to pursue legal action in (New York or Florida)? What would be my cost to do something like this as I loaned her my life savings?
1 Answer from Attorneys
Re: Debt recovery
There is little good news here. The statute of limitations in Florida is 4 years, since this is an oral agreement. If your sister has no ability to pay, suing her may be throwing good money after bad. No lawyer would take it on a contigency, so fees could be anywhere from 1K to more, depending on whether she fought you.
www.ConsumerLawyerHelp.com