Legal Question in Credit and Debt Law in California

Statute of limitations

Recently, I recieved a phone call from a person I borrowed money from nine years ago. He claims that I never paid him in full for the amount borrowed and he can prove it. To be honest, I can not remember if I did or didn't. I do know, however, that if I do owe him anything, it is not the amount he claims. There is no way for me to prove that I paid him, because I have definetly thrown out all of the paperwork surrounding the issue. Can this guy successfully sue me?


Asked on 3/17/03, 2:40 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Statute of limitations

No

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Answered on 3/17/03, 3:08 pm

Re: Statute of limitations

Even if he sued you, you would have the statute of limitations as a defense. In California, the statute of limitations is as follows: oral agreements (2 years); written contract (4 years); promissory note (4 years); and open ended accounts(4 years).

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Answered on 3/18/03, 8:26 pm


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