Can I take my ex to court a year after he still hasn’t paid me back what I lent him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I take my ex to court a year after he still hasn’t paid me back what I lent him?
He owes me close to $3000. I have emails and facebook messages stating he intends to pay me back (obvious it was not a gift). I am currently out of the country right now doing missionary work and will be until next year. Will this be a problem if I wish to start a case when I get back?
Asked on August 4, 2012 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I believe that the statute of limitions, or time period within which you must sue, in Texas on both oral and written contracts is four years. That period runs when when the default occured, or when the debtor failed to make payments due under the agreement. You therefore seem to have up to four years from his failure to pay when he should have to bring a lawsuit against him. Note that you can start the suit while out of the country: you can retain and work with an attorney via phone, mail, and email. You may wish to start the suit before you return, so it is already underway by when you are back.
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.