If I paid a lawyer $1447 to file bankruptcy for me 8 years ago but it was never filed, can I sue for the return of my funds?
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If I paid a lawyer $1447 to file bankruptcy for me 8 years ago but it was never filed, can I sue for the return of my funds?
I have a copy of my check.
Asked on April 15, 2015 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Unfortunately, even though you *would* have been able to sue for the return of the funds for breach of contract had you sued earlier, it is now too late. There is a time limit for how long anyone has to file a lawsuit, called a "statue of limitations" or "SOL." Once the statutory period has passed, you may not sue. The SOL varies by state and type of lawsuit. In your state, the SOL for breach of contract is 6 years; the SOL for professional malpractice (which might also have applied) is only 3 years. It is therefore too late for you to take legal action.
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