Legal Question in Civil Litigation in Florida
Civil lawsuit
I am the court appointed guardian for my mother. I have found a promissory note written to her in the amount of $50,000 on July 22, 2004. The person has refused to pay and has since moved to New York. Can I file a Civil lawsuit?
3 Answers from Attorneys
Re: Civil lawsuit
First, it will depend on the terms of the note as to whether you now have a case based on nonperformance by the borrower. If the borrower has defauted on his/her obligations under the note then you would have a cause of action. Be careul of the statute of limitations which is five years on a written instrument in FLorida.
Re: Civil lawsuit
IF YOU ARE THE GUARDIAN OF HER PROPERTY AND NOT JUST HER PERSON, YES YOU SHOULD BE ABLE TO DO SO. TIME IS RUNNING OUT, HOWEVER. IF THE NOTE WAS SIGNED IN FLORIDA, YOU MAY ONLY HAVE 5 YEARS TO SUE FROM ITS DATE OR FROM THE DATE IT WAS BREACHED. IF WE CAN BE OF HELP TO YOU, PLEASE CONTACT US AT THE PHONE NUMBER BELOW OR SEND US AN EMAIL.
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