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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10212
Experience:  Civil litigation attorney for individuals and businesses.
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My name is***** loaned my friend $1500 dollars 4 years ago

Customer Question

Hello. My name is***** loaned my friend $1500 dollars 4 years ago in Arizona to help her out. She has sense paid me back 520 by either helping me out with house hold work or 20 dollars here and 100 here. But it's been almost 2.5 years sense I last saw a dime. All I have in the way of evidence right now is text messages and her probably not being smart enough to deny it in court. I've done everything I can to help her. Even offering to accept as little as $10 a month just so it shows good faith on her part but she continues to stiff me every time she says she gonna pay me. I want to know. Do I have a case, and if so what should I do?
Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I am sorry to learn of this situation.The statute of limitations for breach of oral contract in AZ is 3 years. The statute "accrues" (starts) when the defendant breaches the contract (so the date that you last received a payment). If that last payment was 2.5 years ago, you are still within the statute, but you are very close - so if you intend to file a case, you will want to do so promptly.AZ does small claims assistance by county (as opposed to by state), so you will want to search for "[YOUR COUNTY] Arizona Small Claims Court" and use the self help link that comes from the court in your county (if you cannot find this provide me the county that you are in and I will send you the link). The County Court's self help site will walk you through the small claims process and provide you with the necessary forms. Small claims court is a relatively informal process and you will get a hearing and (hopefully) a judgment within 2-3 months of filing. Once you have a judgment you can enforce your judgment with wage garnishments, bank levies, or placing liens on your friend's property.

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