Thanks for your response.
Unfortunately, the statute of limitations
on debt in North Carolina is 3 years, regardless of whether there is a written agreement or oral agreement. By the very terms of the agreement, payment was due one year after the loan was made. This means that what is called the "Statute of Frauds
" was triggered, which would require the agreement to be in writing.
The statement that was faxed to you in 2007 could arguably be said to contain the terms of an agreement to pay you. However, the statute of limitations has also run on this. Thus, any claim you file on the debt would be subject to a defense of the statute of limitations.
That being said, you have stated that the family members which owe you the money are not responsive. It might be possible to secure a default judgment against them for the amount owed. This is because the defenses of the statute of limitations and statute of frauds are "affirmative defenses
", meaning that the other side has to establish their right to it. If your family members do not answer a lawsuit you file and assert these defenses, you would be entitled to obtain a default judgment against them.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.