I loaned a family member money in 1999, I have some questions regarding this: 1. Can I still sue when it's been so long since the intial loan? 2. What will be my first step in getting together a case to try and get my money back? 3. I now live in Nevada, the loan was done in California, he now lives in Washington, are there any jurditions I must follow?
Answers:
Your statute of limitations was up in 2002.
get a good lawyer
go down to the courthouse and get Small Claims paperwork. Make sure you have all the documentation to prove it really was a loan and not a gift. (like a check that says 'loan' in the memo or a promisory note)
start watching judge judy or the like for more tips on how to prove your case
First, produce a verifiable request for payment such as a certified letter. This is usually required to demonstrate you have made the attempt before the courts will step in.
Hire a $1,000,000 lawyer.
Go see Judge Judy. They will wish they had paid you back.
go to www.judgejudy.com it is free service as long as your case qualifies to be on TV. Hey you will also be Celebrity after the show+win your case. Good day...
Never loan money to relatives! That's been in print for eons now. We all think it'll be different in our own people, but guess what? I think you can file anywhere but what are your real chances of recovery? Almost ten years now and nothing.
I hope you have something in writing, and I hope it's not a huge amount because I suggest you go to small claims court in Washington. I don't know their limits, you can call and find out.
Maybe if you find out where he works, you can call him and tell him you plan to write his company and advise them that you would like their help. They won't help you, but you can hope it will make him nervous enough to pay you.
You need t have them served with a summons or papers to appear in court. Go down to your court house and see the court clerk and they will give you the paper work to fill out. You don't need a lawyer for small cliams court but you will need as much prrof as you can gather that you did infact loan the person money and that it was understood to be a loan not a gift.
To start you would need to find out the statute of limitaions in CA regarding your case. that will determine if it has been to long. If you can still go ahead you will need to file your claim in small claims court. if you have a promisary note that will be all you need for evidense. if you don't have a promisary note then I suggest talking to a lawer.
I understand you want your loan back, as I would also. Besides asking for the money back in person or on the phone did you try any other methods of repayment? My only thought is if you write the person a small letter reminding them of your generosity even loaning the money out, you feel they've had adequate amt of time for repayment but they have made no gesture on repayment. Unless an attempt is made to pay you back that you will have no choice but to seek legal advice to get reimbursed for your loan. This will give them the ability to have to re-read the letter and maybe realize that it has been a very long time since they borrowed it and hopefully they will feel bad and you'll get your money! You are in a very sticky situation and I wish you the best of luck. This is going to be difficult for you either way.
Unless you have paperwork you're not going to be getting anything back. Loans to family members are the hardest to prove without paperwork, since it's considered normal to help family out. You'll have to file in Washington to collect, and most probably you are well past the time line to file. You have to file in the jurisdiction for the person you're suing unless you have paperwork showing they agree otherwise.
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