Legal Question in Credit and Debt Law in Florida

I'm not sure what you mean by you "endorse[d] the check for him." Do you mean you made the check out to "Cash"? Or, did you make the check out to him and actually sign his name on the back? How is it proof of a loan if the check is either not made out to him or you forged his name on the back? You have a serious problem of lack of evidence to bring to court to prove he owes you this money.

Does he deny he owes you the money? Does he deny that the money was a loan (and say that it was a gift)? Or does he say you never gave him any money at all? Has he ever made a payment, and if so, when was the last payment? Have you demanded payment anytime in recent past?

As you can see, there are a lot of questions here. One thing is sure, though, the statute of limitations to bring a claim against him (sue) for this "loan" is 4 YEARS from the date you made the loan (95.11(3)(k) F.S.). THAT IS FEBRARY [day?] 2010. You need to act quickly one way or another if you wish to enforce this debt.

If you are unsure what to do, or you need advice on what is the best course of action, you should hire an attorney to help you. Again, you need to act quickly, as no attorney will likely want to take the case if the deadline is less than a couple of weeks away.

Find all evidence relating to the loan: letters, friends, etc. Try to get your ex to admit the loan in writing. Write your ex to pay and hope you get a written reponse. Then, depending on the amount, if your ex does not want to pay voluntarily, you will need to sue. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.