How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23785
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

An ex friend who is an retired cop. lend me some money 7yrs

Customer Question

An ex friend who is an retired cop. lend me some money 7yrs ago. Plus giving me luxuries gift the ones I returned. Once I find out his intensions. So now after all this time first he told me I had to pay him for everything that he had giving me. I agreed to pay for the money he lend me although the amount that he claims is not correct. i dont remember how much it was it was along time ago. Plus he told me to pay it whenever. To make a story short he is suing me. What can I do.? I cant not pay this money right now. I leave in new york. I did not sign anything in regards XXXXX XXXXX last june he started txtng somehow he learned that the person i was seeing was no longer in the picture. when he realized that i didnt wanted to do anything with him not even friends he asked me to tell him when i was going to pay him he does have txt that state that. but now im not sure about the amount and isnt it too late for this ? is there anything I can do to postpone the court date ? or make this go away
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Have you made any payments on the loan?
.
If so, when did you last make a payment?
.
Did he give you the money in NY?
.
Has it been over 7 years since the loans were made?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

hello,


i haven't made any payments and yes in ny it was 7yrs ago. althought the txt of me telling me i was going to pay was last june


 

Expert:  Barrister replied 1 year ago.
Ok, the statute of limitations on an oral contract for the payment of a debt is only 6 years in NY. So this is well past that and if you use the statute of limitations as a defense, the person suing you will lose.
.
JA doesn't provide legal representation as that is beyond the scope of the services that they can provide. Although can't recommend anyone personally, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. You would be looking for a civil litigation attorney to hire to represent you.

.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Customer: replied 1 year ago.

can i have someone represent me by a notarized letter? also can i go and state that the it has passed the statue of limitation ? lets say next week. should i get a lawyer? and even if he has a txt from me last june.?

Expert:  Barrister replied 1 year ago.
Only an attorney can legally represent you in the case. But an attorney can file a motion to dismiss or for summary judgment based on the statute of limitations running and see if the judge will outright dismiss the case. You wouldn't necessarily have to be there for that motion and it might be resolved there. The problem would be if the plaintiff is alleging that he made the loans within the past 6 years. Then it would have to go to an actual trial and he would have to provide proof that it was not outside the statute of limitations.
.
And no, you can't just send in a letter alleging it is beyond the SOL and have it dismissed. It doesn't work that way. Both sides present their case in a trial and the judge then decides who wins. If it actually goes to a trial, you would have to appear in court even though you wouldn't have to say anything if you have an attorney.
.
The sooner you get an attorney on the case, the quicker he may be able to make this go away, especially if the plaintiff admits in his complaint that the debt is over 7 years old.
.
Even if you admitted the debt and agreed to pay it back, that would be a voluntary act on your part since you can't be legally compelled to repay it if it is over 6 years old.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

im sorry one last question. he is suing me for $3500. how much is an attorney approx.? and also can he later come and sue me for gift he gave me ?

Expert:  Barrister replied 1 year ago.
I would opine that it would likely cost somewhere around $1200-1500 for an attorney to represent you. If he is suing you in small claims court, you don't have to have one, but that would mean that you would have to present your own case to defend. You might be able to countersue him for "malicious prosecution" for your attorney's fees because this looks like to me that it is a personal vendetta for you not wanting to be in a personal relationship with him.
.
And no, once a gift is given, the person who gives it forever gives up any rights to possession of the gift and can't sue for its return or for its value.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

im sorry Barrfister,
If i decide to pay the $3500. do I still have to go to court?


 


I do owe it some monies not sure of the right amount I believe it was line 2,500 anyways i really dont want anything to do with this guy or see his face ever again.

Expert:  Barrister replied 1 year ago.
No, if you paid the $3500, then that would settle the claim and the plaintiff would have no grounds to continue on with the case. If you decide to go that route, make sure you get something in writing from the plaintiff agreeing to dismiss the case in return for the payment of the $3500 so he doesn't take the money and then continue on with the case.
.
But if you are considering settling, I would offer something less than the $3500 he is asking for and see if he would accept that to settle the case.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
Is it possible for me to write a check take it to court and have the clerk dismiss the claim? Also I know I am acting childish but is it ok if on the memo I write "money can buy everything but not everything is for sale.
I know it's silly but he is so pathetic it will give me a sort of satisfaction. ;)
Expert:  Barrister replied 1 year ago.
Is it possible for me to write a check take it to court and have the clerk dismiss the claim?
.
No, the clerk doesn't take payments in a civil case. It would have to be paid directly to the plaintiff to settle the claim.
.
And sure, you can write whatever you want to in the memo section...
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23785
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thank you so much for your help


have a beautiful night ;)))

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I could help.
.
.
Thanks
Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions