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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I loaned a guy a series of money that adds up to over 95K

Customer Question

I loaned a guy a series of money that adds up to over 95K over 2008-2009 time period. I requested him for payments since then through sometime in 2014. I haven't got paid a dollar. I was told that the statute of limitation on debt collection is 6 years. Can I still sue the person? How can I go about being paid?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Unfortunately, Maryland has a very short statute of limitations for breach of contract claims (it is 3 years for oral contracts, and 3 years for most written contracts). See: http://research.lawyers.com/maryland/maryland-statutes-of-limitations.html (Different states have different statutes, see: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html, and that may be where the 6 year number came from).

If you have not been paid since 2009, that would mean that you cannot sue the individual for the debt, however, you can still try to get them to pay you by sending them written or oral requests for payment, etc. It just means that you have no way of judicially enforcing your loan.

I am sorry, I do wish I had information that was more helpful for your position, but I want to provide you with a clear and concise statement of the law so that you can plan accordingly.

Customer: replied 11 months ago.
Does it make any difference if there is a signed promissory note (not not notarized or signed by a third-party witness) that covered part of the loan?
Expert:  CalAttorney2 replied 11 months ago.

If you can show that your promissory note was "under seal" - then a longer statute of limitations (12 years) would apply, see: http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcj&section=5-102&ext=html&session=2015RS&tab=subject5.

Here is a helpful discussion of what this very critical distinction is: http://www.harrisonlawgroup.com/hlg-updates/what-does-e2809cseale2809d-next-to-your-name-mean/