CanI suemy brother7 years after lendinghim money ifI don’t have a written note?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI suemy brother7 years after lendinghim money ifI don’t have a written note?
My brother needed help so I loaned him $3500. He said he’d pay it back but since then he has lost his job and doesn’t work as far as I know. He doesn’t own anything except a 13 year old truck. I haven’t talked to him in years and figured I would try to do something now.
Asked on October 6, 2011 under Bankruptcy Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, it is probably too late to take legal action. There are time limits to bring legal action. The time limit for a loan made on an oral (or verbal) promise to repay appears to be three years in Maryland. That means that you only have three years from when the money should have been repaid to bring a legal action. While you do not write when the repayment was due, after seven years, it is mostl likely too late to take action. Furthermore, if he doesn't have an income and owns nothing except a 13-year-old truck, it is very unlikely that you could collect anything from him, even if you could sue him and won; your brother sounds like he is "judgment proof," in that there is little or no hope of enforcing a judgment against him.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.