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Richard
Richard, Attorney
Category: Legal
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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

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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.
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.



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Customer: replied 3 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 3 years ago.


Hi,


 


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


 


Thanks !

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.
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