Personal Loan

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diane73

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Hi all...

I borrowed $2000 from a friend of mine back in April of 2002. I repaid her in May or June of the same year. I never asked her for a receipt due to the fact that we were friends. Now I am going to small claims, because she claims I never repaid her. Like I said I have no receipt, but she has the returned check. The statue of limitations in my state is 3 years for verbal, and 6 for contract. When I filed my answer, I also put this information in. I am now going to trial for this. Why would it even go this far if the statue of limitations is over?? I thought that's what they were for?? What should I do now?? any help would be wonderful!!!

Thanks
Di
 
She loaned me the money in the form of a check, she wantred to be paid in cash. I know, I know, bad move on my end...
 
Do you have any receipt that you pulled the $$ out of your account? If not your sol-- It will be your word against hers-- did anyone witness you giving her the $$? if so take them with you
 
OK I get that.. but what about the Statue of limitaions in my state?? Why do they have them, if they are ignored?? this loan is over 7 years old.
 
Use that as a argument in your defense-- it is really up to the judge apparently when you did the answers they did not use the statue of limitations to dismiss @ that time. Some times they work and sometimes they dont-- it is up to the judge if he will dismiss the case based on that or not.
 
Did you plead the SOL in your defence? Did you have any preliminary hearings at which it was addressed? If so, what did the judge say about it?
 
dee_dub said:
Did you plead the SOL in your defence? Did you have any preliminary hearings at which it was addressed? If so, what did the judge say about it?
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Yes, in my answer I said that I have already paid this debt, when I paid it, that I did not have anything to prove that I paid it. I also said that is was past the SOL per their documents. Then I recived a letter telling me this was going to trial.
 
I don't know what state you're in - and if I did odds are I wouldn't know your small claims rules anyways :) - but many jurisdictions have procedures for pre-trial hearings, settlement conferences, etc. at which these kinds of issues can be aired and addressed to save the need for going to trial. I'd speak with your local court clerk.
 
Just wanted to let you all know.. I went to court today, and as it stands right now, I do believe that the Judge is going to rule in my favor. The SOL stood up and he asked her how this fit into it.. I never even had to open my mouth. He said he will take this into advisement, and send a judgement out in 10 days. Thanks again for all of your help!
 
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