Legal Question in Civil Litigation in Kansas
Statute of Limitations on Bill Collection
A gentleman recently approached my parents at their home. He told them that he had done some repair work on some farm equipment in 2000 and 2001, and had never sent a bill because his wife had died and she did all of the book work. When my mom asked him to send a copy of the bills he said that they hadn't been totaled yet. Does he have any legal right to collect this debt if no one can remember him doing the work and he has no signatures on the work orders? What should my parents do to verify whether he's telling the truth?
1 Answer from Attorneys
Re: Statute of Limitations on Bill Collection
An oral agreement is enforceable, it is just harder to prove. However, in Kansas the statute of limitations for oral contracts is 2 years. After that time, a lawsuit will be thrown out.
So if the work was done, and could be proved, the cost of it was owed. But by waiting so long, the worker has lost his right to go to court.
If your parents want to pay for the work as a matter of grace, they of course can do so to the extent they believe it was really done. But the debt is no longer legally enforceable.
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