Legal Question in Business Law in New York

In new York state how long can you legally file for money that you lent somebody if it is around $40000.00 and you gave it out in a check to them and in the memo area you wrote loan to


Asked on 6/17/11, 3:12 am

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Six years from the date of the check.

Mike.

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Answered on 6/17/11, 5:43 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

My colleague is correct. However, though the statute of limitation is 6 years, New York State has a legal concept called 'laches' whereby a a claimant cannot just sleep on his or her rights because conduct will be a factor if the defendant asserts the affirmative defense of 'laches.' This means you should act as soon as practicable.

Feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

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Answered on 6/17/11, 6:06 am
Steven Czik CZIK LAW PLLC

It would likely be six years. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 6/21/11, 7:49 am


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