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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33072
Experience:  16 yrs. of trial experience
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I took care of both my parents years, they had cancer they

Customer Question

I took care of both my parents for 12 years, they had cancer they could not pay for home care, so I quit my job, their doctors taught me everything I needed to Know to care for them. Father has passed and my mom now doesnt talk with me. Can I bill her for my time and care I gave her? Also I let her borrow over $50,000 many years ago to pay her bills. Can I collect on that with Interest.
Submitted: 7 months ago.
Category: Legal
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. Can you tell me:

1. How long ago was this loan? And what were the terms (how long did she have to pay it off)?

2. Did you have an agreement with your mom for her to pay for the care you received?

Customer: replied 7 months ago.
I told her to pay it back when she could. It started in 1988 and stopped in 2004. She fell sick and was not able to pay me back. I knew I would get it eventually, but that has now changed.My mom asked me to take care of her and my dad, I agreed because she couldnt pay for homecare.
Customer: replied 7 months ago.
I am in California
Expert:  P. Simmons replied 7 months ago.

Thank you

I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 7 months ago.

Thank you for your patience

First, for the loan. One problem you have is the statute of limitations. In California, if this was a written contract, you have 4 years to file a lawsuit. If it was a verbal contract? You have only 2 years. Since it has been more than 10 years? It is well past the statute of limitations. You can file suit (for $50K you would need to hire a lawyer and file in district court) but if she raised the statute of limitations as a defense, the case would be dismissed. So it is likely not worth hiring a lawyer...you would be wasting your money

As for the services provided? If she agreed to pay you for your services? You can demand she do so...and if she refuses, you can sue her to recover the money she owes you. However, that same 2 year statute of limitations would apply...and you wold have to prove that she agreed to pay you. If she did not agree to pay? Then you can not force her to

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue her, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.