Legal Question in Civil Litigation in Minnesota

small claims unpaid debt issue

In 1999, I allowed my brother and his partner to use my credit card to pay a monthly fee to host his website. They both promised me that he would pay me back. $650.00 was racked up on my credit card. My broter sold the company to his friend. He's told me that he's making money and promises time and time again that he would start making payments. It's been 3 year and he still hasn't paid me back. I am frustrated, tired of the run-around and would like to take him to small claims court. I have all credit card statements showing costs of hosting his web site. Do you think I have a case or should I just take the loss and move on?


Asked on 4/09/02, 4:29 am

4 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: small claims unpaid debt issue

I think you have a bad case and will probably lose. The statute of limitations is 2 years on a verbal contract. It has been longer than that, and unless you can convince the judge that your brother told you within the last two years that he would pay you back, and that you forewent filing a lawsuit based upon that representation, you will probably lose.

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Answered on 4/10/02, 12:14 am
Victor Hobbs Victor E. Hobbs

Re: small claims unpaid debt issue

Although your question is couched in legal terms. It really is a psycological question. However, there's starting to be a legal issue as to the statute of limitations running. And there's nothing wrong with tough love. Sue your brother now, get a judgment, and go after him to collect what is owed you. It appears your brother needs a little taste of reality.

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Answered on 4/09/02, 10:06 am
Martin Lathrop Russakow, Ryan & Johnson

Re: small claims unpaid debt issue

You should sue him in small claims court if you don't mind suing your brother and the accompanying family strife and if you really need the money. It also might prod him to pay you. Did you write anything out on the loan? It would help in court in case he disputed the loan.

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Answered on 4/09/02, 1:12 pm
Larry Rothman Larry Rothman & Associates

Re: small claims unpaid debt issue

I think you have a good case to file in small claims court

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Answered on 4/09/02, 6:10 pm


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