Legal Question in Credit and Debt Law in North Carolina
I paid off $28,000.00 in credit card debt for my daughter and her boyfriend of 8 years. They both signed a note that I typed up saying they would pay the money back. They broke up shortly after I paid off the credit cards. What legal action can I take against the boyfriend? It's been 5 years and he has not made any payments?
2 Answers from Attorneys
An attorney would have to review the note itself to be sure, but most likely you waited too long and the claim is barred by the statute of limitations. Most claims for breach of contract for debt are barred after 3 years. Again, no attorney can give you a definite answer without reviewing the note itself.
What Attorney Coleman is probably true. If the note was payable on demand, the statute of limitations would not begin to run until their was a demand, but it may have expired if the note was due on a date certain.
Even if the statute has expired, nothing stops you from trying to collect a debt. The statute of limitations just applies to lawsuits. It also depends where the boyfriend lives as some states have a longer statute of limitations than North Carolina.
If I were you, I would take the note to an attorney and pay the attorney to review it. If money is tight, then send the boyfriend a letter via certified mail. Explain that you paid off the debts, that the boyfriend signed a note and that he is obligated to pay. Ask him to pay or else you will pursue your legal remedies. See what he says. Your daughter should also pay you back if she can.
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