Sorry for any confusion. I was having a keyboard problem.
Yes, you have valid cause of action against her.
First, a statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
The statute of limitations for breach of contract in NJ Contracts
: 6 years.
Verbal agreements are valid and binding contracts given the facts and circumstances you stated.
Can I still take her to small claims court? I do have witness that heard her say she will pay us back.
Yes, that's great.
You must prove through evidence (verbal testimony is valid evidence) that:
1) there was a verbal agreement
2) you performed your obligation - loaned them the monies
you can do this by testimony or showing evidence of the bank transactions
3) that she breached the agreement
4) damages - you state what the balance owed is
That is more than enough to win in court.
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