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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26138
Experience:  16 yrs. of trial experience
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My father saved what he could during the last years of his

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My father saved what he could during the last years of his life to give to my brothers sister and me. He was not a good father when we were young and said the least he could do now was to leave some money for us. Meanwhile in Jun 2003 Allan, a 'friend' of his, asked to borrow $60,000 & would pay him back when he sold his house. He paid my dad $5,000 in Dec 2006. That came with a note his wife wrote saying "This is a start to paying you back." That is all he was reimbursed on the loan. My father died in February 2009 at 91. This man knew my dad was saving the money for his kids. Even though my dad wrote a letter to Allan in Jun 2007, requesting he be paid back, he never received another dime.
I realize the loan was between the two of them, but wonder if my siblings and I can sue him for the balance of $50,000. Isn't this some kind of elder abuse?.
Submitted: 8 months ago.
Category: Legal
Expert:  P. Simmons replied 8 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

You can sue. That is, the estate of your dad can file suit. If he was owed money, then on his death, his estate has the power to pursue any legal claims he may have had.

The problem you may have is the statute of limitations.

Can you tell me, what state did your dad live in? And what state did Allen live in?
Customer: replied 8 months ago.

Dad was in California, Allan moved from California to Oregon and that is where he lived when he asked for the loan.

Expert:  P. Simmons replied 8 months ago.
Thank you


The statue of limitations in California is 4 years on contracts. In Oregon it is 6 years. And it is 4 years from the date of breach. So, for example, if the loan was in 2003 and this person was making payments on a regular schedule, and stopped, the time they stopped would be the "breach". The statue of limitations would begin to run on that date.

So what you describe, if the last payment was in 2007 (or that is when your dad demanded repayment? That would start the statute of limitations.

If the letter was in late 2007 (December) it MAY be you still have a shot to sue in Oregon. You would have to have an attorney in California open probate on your dad's estate, and then file a lawsuit in Oregon. Since this person was in Oregon when the contract was made, you can use Oregon as a venue (the place where you file the suit)

So in theory you could do this IF

1. No one has filed probate for your dad's estate

2. If the breach of contract occurred less than 6 years ago (or you can file the suit before the 6 years expires)

3. You can prove the contract. Since your father is deceased, you would need to prove the loan and the terms of the loan (including repayment schedule)

BotXXXXX XXXXXne: it may still be possible, though what you describe it sounds like you are out of time (since it sounds like the breach may have been before this date in 2007


Let me know if you have more questions, happy to help if I can

Customer: replied 8 months ago.

Thank you Mr Simmons,


 


Yes, doesn't sound good. I wrote to Allan in 4/2007 and Dad wrote to him in June 2007. I guess I wasted time thinking he'd start to pay...boy am I gullible More than the money for my family and me, I feel bad because Dad did so many extra jobs so he could "leave us something." He didn't do all that to leave the money to Allan! Oh well, there are all kinds of people in the world. You did a good job in your research. Thank you.

Expert:  P. Simmons replied 8 months ago.
Thank you Ma'am

I am very sorry to have to bear bad news

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26138
Experience: 16 yrs. of trial experience
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