Legal Question in Civil Litigation in New Hampshire
actions and limitations
Hi ; I just recieved notice that I was being sued for a loan from a former friend that took place back in Aprill of 1993, this was not a loan but was given freely without terms or conditions nothing was signed.
I went through a divorce and moved to floridain feb 1994 and the plaintiff always knew where i was,it's been 9 years isn't there a statute of limitations and what can I do. Being disabled and living so far away I can not afford to go to N.H. to fight this.
Please help ( Thanks )
2 Answers from Attorneys
Re: actions and limitations
It is possible that the statute of limitations has run but that will be determined by what the terms of the loan are and when it was due and when the payor knew or should have known that you were in default.
If you are being sued, you must answer the lawsuit or a default judgment will be entered. It is possible, given the limited facts you stated, that this matter could be concluded in NH without you ever appearing in NH.
You said you received notice you were being sued. The question is whether you were legally served notice of a lawsuit or just a threat that you would be sued.
Hire a NH lawyer if there is a lawsuit.
Re: actions and limitations
You should check with an attorney to look at the "notice" you received to determine whether service of process is valid and also check the N/H law for their Statute of Limitations.My guess is you have a valid SOL defense and cannot be served by mail.