Legal Question in Civil Litigation in Florida

Re: unpaid loan

It depends. The statute of limitation for breach of an oral contract is 4 years. Five years for breach of a written contract. You are clearly within the 5 years if the loan contract or note was in writing. If oral, it may depend on when the loan was supposed to be paid back -- because the statute of limitations does not start until he has failed to pay when he promised to pay. If, for instance, the agreement was to pay you $5K in 2002 and the remainder in 2003, then the breach did not occur until 2003 passed and you would be within the 4 year period.

There are other ways to extend the statute deopending on the facts. promised to pay the remai