Consumer Law, Warranties Being sued by an investor, no oral or written contract

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whubbard

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I Started an internet gaming business and took investment money from basically family and friends.
My attorney found a person interested in the company and without ever speaking to this person, the plaintiff sent money 20k to me to invest in the gaming company (offshore internet)
The plaintiff admits that he knew the company went broke and offline april 2004 and is now sueing me for breach of contract and other fraudulant activities.

I never spoke, emailed, gave written or oral contract or any conversation ever with this person.

The Statute of limitations for oral contract (even though there was none) in Nevada is 4 years. It has now been 4.5 years since plaintiff knew the company was out of business.

Is this a simple case of dismissal due to Statute of Limitations? (before i have to hire an attorney and pay large sums of money to show that this person is lying about all the facts in the case?)
 
If it's 4 years then make the claim that the statute of limitations precludes the case from being brought. The court will need to make an immediate decision on this. However, this is not the only defense you should list - you should include all the other defenses. The plaintiff must prove his case and it surely doesn't sound like there is a strong one if this case ever gets filed.

One note - if the company was bankrupt and offline over 4 years ago, that strengthens your case. When does he claim the breach of contract and fraud occurred? Up to and including that time? The latest date he would seem to have this fraud "beginning" would seem to be around the time bankruptcy was declared. To me it sounds like a weak case and may be an instance of huffing, puffing and looking hopefully for money by fear tactics.
 
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