Legal Question in Credit and Debt Law in New Jersey

time limitations on claimed debt

Someone we knew is claiming she lent us money over 5 years ago. There was never a loan. We never signed anything. The only thing is we use to run errand for her, like going to the bank to cash a check. sometimes she wrote the check to us and the bank made one of us sign the back. There is notes that we sign. How can she get away with claiming we borrowed money when we didn't. How are we suppose to prove we didn't borrow one cent from her. and how can she prove that we did. can the cancelled checks be enough for the courts. Isn't 5 years to long to claim that there even was a debt on her part?


Asked on 9/09/00, 5:25 pm

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: time limitations on claimed debt

I believe the statute of limitations on such a claim is 6 years, but don't ho;d me to that. In any event, the proposed "creditor" must be able to prove to a Superior Court Judge the existence of any such obligation by a proponderance of the credible evidence. It is likely impossible for you to prove that there was never a "loan".

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Answered on 10/11/00, 10:34 pm


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