Legal Question in Civil Litigation in New York
NYS Statue of Limitation
In 2005 I loaned what i thought was a friend 1500 dollars to have is car fixed. I have yet to recieve a payment yet. The only proof that i have are emails that I sent and the responses from him stating that he understands he owes the money however he has no money to pay. My question is, is it too late to take him to small claims court? are the email proof? and can I also sue for court cost along with intrest?
2 Answers from Attorneys
Re: NYS Statue of Limitation
Yes, you can bring your case in Small Claims. The statute of limitations for breach of contract is six years.
Secondly, contracts don't have to be in writing. Verbal/oral contracts are generally enforceable. The emails might well be sufficient evidence of your loan.
You are entitled to interest.
Your biggest problem, however, is this: Can you collect? Remember you can't get blood from a stone and the $1,500 might not be worth the time in court (which could be more than just one evening). You will also have to prepare paperwork for the sheriff or marshal, who may ultimate tell you he can't locate any assets to seize.
Hope this helps.
Re: NYS Statue of Limitation
It's not too late, and if there is an e-mail from the friend acknowledging the debt it could be used as evidence in small claims court.
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