Legal Question in Civil Rights Law in California

Hi,

Over four years ago I loans 950 dollars to a friend and she has never paid me back.

I was wondering if it is too late to go to the petty claims court for this. I live

in CA.

Also, my brother loaned 3000 to a friend last year, and unfortunately this "friend"

now doesn't want to pay him back. My brother doesn't have any written proof that he

loaned the money however. All he has is bank statements that he withdraw cash, and

his word and mine (and maybe one other friend). Would he have a chance in the petty

claims court?? He would have to drive 2 hours away to file the case, so he doesn't

want to waste his time...

Thanks a lot!!!


Asked on 4/20/10, 2:01 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The two-year statute of limitation on your loan would have begun to run when she promised to pay you back but did not. So, if she promised to pay you back within two years of tomorrow, you can still file a small claims case.

As for your brother, yes, he can file a small claims case in the court that serves the city where the "friend" lives. He can also bring e-mails from the "friend" that acknowledge the loan. He won't have to drive to file the claim -- he can mail the signed forms and the check for the filing fee to you or a friend to bring to the court. But he would need to appear for trial.

Read more
Answered on 4/25/10, 2:52 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California