Can I sue someone after two years of owing me money? 7 Answers as of May 30, 2013

My sons fathers owes me $1000 dollars it was a loan and he never paid me back i gave him chance after chance but now its to much i just want to know if i can still sue him

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Lutwin & Lutwin, LLP | Joel M. Lutwin
Yes.
Answer Applies to: New York
Replied: 5/30/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer better, such as is there a written document that it is a loan and not a gift , etc. It may or may not be too late depending on the facts and circumstances.
Answer Applies to: New York
Replied: 5/15/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes. Up to six years.
Answer Applies to: New York
Replied: 5/14/2012
Bruce Plesser | Bruce Plesser
Yes.
Answer Applies to: Florida
Replied: 5/30/2013
Law Offices of John Carney
Law Offices of John Carney | John Carney
The statute of limitations on contracts is 5 years and therefore you can sue him in small claims court for up to $5,000. The problem is that contracts over $500 have to be in writing according to the Statute of Frauds. However, the judge can use the theory of equity and unjust enrichment and award you the entire amount. you will get a judgement, not cash. You will have to collect on the judgement or all you will do is become another creditor if he has no money in the bank or no wages to garnish. "Neither a lender nor a borrower be". William Shakespeare. When people ask you for a loan consider it a gift because you are never going to see that money as they are broke now and will be broke 5 years from now. If you are going to make a loan you must take collateral that is worth 3 times the amount of the loan and charge interest and if they do not pay you can sell the collateral.
Answer Applies to: New York
Replied: 5/14/2012
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