can I bring a civil lawsuit against my ex wife for a verbal agreement made 8 yrs. ago to pay off her car loan? She agreed to pay me $98.00 a week from the child support she never received from her children's father. Is there a statute of limitations? We just sold our house & the money is in escrow until we resolve this.
State/Country relating to Question: New York
New York has a six year statute of limitations on a matter like this. Since this oral agreement was made 8 years ago and she has not paid since she made it, this would likely be outside the statute of limitation and she could raise it as a defense if you were to file a lawsuit. Moreover, if you do not have anything in writing or anything to evidence the agreement, you may have a hard time proving that she entered into it.
What if there was a witness to the verbal agreement?
That would certainly help your case but you still have to realize that the statute of limitations may have run and it could be raised as a defense which prevents you from collecting. Thank you for allowing me to answer your question and good luck. If you have not already, please click the accept button, so I can get credit for my answer. After accepting, you can still ask follow up questions.
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