Can i sue someone who i loan $10.000 to in 1998 in Small Claim Court or is it too late.
1 Answer from Attorneys
Generally there is a four year statute of limitations on a breach of a contract. Much depends on the terms of your loan. When did repayment of the loan begin. if the contract had a certain date for payments to begin then the four years would start from the date that a payment was not made. However if the other party made irregular payments then it may have caused the four years to begin again. Ie. he was to start paying the loan On january 1, 1999 by making payments of $500.00 a month He never started to make the payment. The statute of limitation would be four years from the missed payment. However say on January 1, 2002 he made a payment of $300.00 this may have the effect of restarting the staute of limitations for another four years etc. If you are unsure perhaps talking to an attorney about when the last payment was made and other facts would supply you with whether you still have a claim.