Legal Question in Credit and Debt Law in Minnesota
Private contractional law
My mother lent her friend a large sum of money that he has refused to pay back for the past 3 years.
They have a written contract. Is there a statute of limitations on this kind of loan? She feels that maybe he is waiting for a statute to run out.
4 Answers from Attorneys
Re: Private contractional law
Assuming that California law applies (which it will if the contract specifies as such, or if the parties executed it in California and the contract is silent on the issue), then the statute of limitations for bringing an action to enforce the terms of a written contract are four years from the date of breach or date of last payment by defaulting party, whichever is later.
Re: Private contractional law
I would like to see the written contract to advise, but unless there was a sale of goods related to the transaction, the relevant statute of limitations for MN is 6 years.
I have 25 years experience in Debtor-Creditor law if you wish further assistance.
Re: Private contractional law
The statute of limmitations for brach of contract on a written agreement is 4 years from the date of the breach. Please call me if you have any other questions.
Re: Private contractional law
In general, the statute of limitations on a written promissory note of this type is four years, although it may be extended in some instances. If the friend is refusing to pay back the money, your mother's only option may be to sue. I specialize in this type of legal work; please contact me if you would like to discuss this further.