Legal Question in Credit and Debt Law in Florida

I loaned a friend $4700 ten years ago and have not seen a cent. I have cancelled checks for $1200. Is it too late to go to small claims court on this? Should I go after only the amount I can prove with cancelled check? Thank you


Asked on 12/13/12, 6:04 am

2 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

The statute of limitations has run on your claim. Most, if not all, attorneys would tell you its much too late to take this guy to court.

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Answered on 12/13/12, 6:21 am
Lucreita Becude Lucreita D. Becude, P.A.

If the last payment made was within the last four years, then you have a claim. If you let it lapse and no payments received over 4 years (if verbal) 5 years if by contract) then there is nothing that can be done. However, if you can get this person to pay you something on this debt then the tolling for the statute of limitations will begin to run again.

good luck

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Answered on 12/14/12, 7:38 am


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