Legal Question in Civil Litigation in New York

Someone borrowed money from me (about $25,000) 9 years ago for her son's college tuition. The son promised he would pay me back when he got a job, he went to ivy league. He gave me the post dated checks upfront ( many of them so that he could pay monthly ...) He and his mother got disappeard on me, I recently saw him on facebook with a respectful job with his ivy league degree. Is there anything I can do about it?


Asked on 3/30/12, 4:01 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

First, you should send him a letter requesting payment for the money borrowed.

If he ignores the letter, you may have a statute of limitations problem since a breach of contract cause of action may only be commenced 6 years from the date of the loan or breach, whichever is later. Therefore, if the date of the last payment is greater than 6 years, you would not be able to collect.

Of course, this advice is very limited and I (or any attorney) would need full explanation of the facts to give you a difinitive answer.

Mike.

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Answered on 3/30/12, 5:43 am


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