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LegalKnowledge, Attorney
Category: Legal
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can I bring a civil lawsuit against my ex wife for a verbal

Customer Question

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.
Submitted: 5 years ago.
Category: Legal
Expert:  LegalKnowledge replied 5 years ago.
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.
Customer: replied 5 years ago.
What if there was a witness to the verbal agreement?
Expert:  LegalKnowledge replied 5 years ago.
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.
Expert:  LegalKnowledge replied 5 years ago.
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