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Richard, Attorney
Category: Legal
Satisfied Customers: 50158
Experience:  Attorney with 29 years of experience.
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in 2005 my X-inlaws loned my then wife and I money for the

Customer Question

in 2005 my X-inlaws loned my then wife and I money for the kids private school approx $15,000. The loan was never re-paid. My X and I have been divorced close to 2 years. I got and email from the X in-laws wanting full payment from me.. There was no signed contract and the check was made out to my X. 1. can I get sued ? 2. is there a staute of limitations ? 3. My X should be resonsible for at least 50% .. The loan was made in N.C. the X in laws currently live in Florida. There was nothing in our divorce decree about this loan.
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Although you can never prevent someone from filing suit against you, your in-laws have no chance of prevailing in any such suit. First, because there is no written agreement, they are going to have a hard time sustaining the burden of proof that this was a loan rather than a gift. Second, because it was made in NC and there is no written agreement, even if they could prove this was a loan, you have an absolute defense due to the statute of limitations. Under N.C. Gen. Stat. § 1-46 et. seq., the statute of limitations on a verbal agreement is 3 years.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Richard, Attorney
Category: Legal
Satisfied Customers: 50158
Experience: Attorney with 29 years of experience.
Richard and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your help .. I do have a follow up question... Should I resond to the Email ? Also if my x made a payment towards the loan with out telling me in the last year would that re-start the SOL ? Ans what I dont know ids if anything was put in the memo line of the check such as
"school loan"

Customer: replied 2 years ago.



When should I expect an answer to my follow up question ?


Thanks !

Expert:  Richard replied 2 years ago.
I'm so sorry for the delay...had a short meeting. I appreciate your patience! To discourage them from filing a suit, I would provide them the information I provided above. And, even if they originally put on the check a loan, you would be beyond the statute of limitations. Furthermore, if your ex made a payment after your divorce, it's not likely a court would re-start the statute of limitations against you because it would be considered a conflict of interest given the family relationship.
Expert:  Richard replied 2 years ago.
I want to thank you very much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

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