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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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My question is in regard to my brother. I give my brother a

Customer Question

My question is in regard to my brother. I give my brother a large some of money to keep for my several years ago. Since then, he has only give me back about $12,000.00. He has refused to pay the rest back which is about $90, 000.00.
What can I do to get it back? what options do I have. I am single parent, divorced with custody of my two kids. My brother has no remorse, nor any compassion and I am struggling but living day by day.... My brother lives in New York , I reside in Florida
Submitted: 3 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 3 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 3 months ago.

I am sorry to learn of this situation, that is a lot of money.

Your recourse is to sue your brother for breach of contract.

There are two specific issues that are going to limit whether or not you can sue, and where you would have to sue.

  1. Statute of limitations: When was the last time your brother paid you for the debt?
    1. (This establishes the date that your brother "breached" the contract by falling into default).
      1. New York's Statute of Limitations for Breach of Contract is 6 years from the date of default
      2. Florida's Statute of Limitations for Breach of Contract is 4 years (for an oral contract) and 5 years (if you had a written contract).
  2. Jurisdiction: Where did you enter into the contract with your brother?
    1. You can sue your brother in New York (where he lives)
    2. You can sue your brother in the state where the contract was entered into.
Customer: replied 3 months ago.
Ok..the last payment was made this year on March 3rd, 2016 for $7,700.00
Customer: replied 3 months ago.
what area of law is this considered. in other word, what type of attorney do I need to engage with to get this process going?
Expert:  CalAttorney2 replied 3 months ago.

You will want a "civil litigation attorney" (although a debt collection attorney may accept your case as well (they will take a portion of the recovery, but you shouldn't have to do anything other than provide them with any necessary documents and declarations).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 3 months ago.
This money was transferred to him in 2008...He paid some in 2010, some in 2015 and last payment, this year
Expert:  CalAttorney2 replied 3 months ago.

Each time he paid, that would move the statute of limitations up.

Customer: replied 3 months ago.
I can definitely sue him...since it was only a few months back that he paid on the verbal agreement?
Expert:  CalAttorney2 replied 3 months ago.

Yes.

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