Legal Question in Credit and Debt Law in Texas
Cause of action date
When does a cause of action occur? Over 2 years ago I paid a friend in advance
to build me something, all based on a handshake, without any firm delivery
date. Within the past two years ago my friend decided to return my money
instead of deliver the product. After many more months and email reminders, I
received half the money via PayPal. I have email correspondence from my friend
promising to repay the other half eventually. However, my friend won't even give
me $5 to show good faith, and has shown me an ''attitude''. I'm afraid I'll never
see the money. My friend owns a house, so there's an asset. I understand that in
Texas small claims court has a two years statute of limitation from the cause of
action. When is the cause of action in my situation? Should I demand immediate
payment and file in small claims court to get a lien on the house?
1 Answer from Attorneys
Re: Cause of action date
You won't get a lien on a homestead in Texas for a civil debt.
The last time the debtor acknowledged the debt - through payment or written agreement to pay the debt -- should be the start of the limitations period.
You can file suit in small claims court -- locate the JP office where he resides. They can forward the appropriate procedures to you.
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