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JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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An old friend of mine, whom I have not associated with in 10

Customer Question

An old friend of mine, whom I have not associated with in 10 years, claims that in 1998 she loaned me $2000. I have no memory of any loan. She claims, and I qoute from an earlier email this week that she "never stressed it was a loan, but thought of it more as a gift". From my understanding from earlier legal advice, that a claim against me would have had to be made within 6 years, it had been almost 12. I have asked for documentation (cancelled check) to see if this can jog my memory. The earlier advice I did receive stated that in essence at this point any restitution on my part would be more moral rather then legal. Try as I might I can remember no such gift. If it was a loan, why was I not told that and why did her recent email state that it in fact she did not see it as one. Any help is appreciated.
Submitted: 6 years ago.
Category: Legal
Expert:  JD replied 6 years ago.

The advice you received is correct. It is also correct that this is more of a moral decision than a legal one.

 

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Edited by JD on 2/28/2010 at 2:03 AM EST
JD and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
This was perfect, thank you for time JD. I might add that this "request for repayment" also came with an email stating that she is trying to pay off student loans and that her profession requires a little more "training" which costs money. At no time have I accused her of attempting to cheat or defraud me, but I have stressed on more then one occasion that I simply have no memory. Further, even it had been intended as a loan, why was no documention ever made showing this and why now after 12 years are you asking for it back? The "loan" statement aside, 12 years is a long time and any claim ended years ago. Moral rather then legal, yes. It now falls me to decide if the "friendship" is worth saving.
Expert:  JD replied 6 years ago.
I wish you the best. Please let me know if I can assist you further.