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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19673
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I loaned money to a friend in the state of mo 5 years ago,

Customer Question

i loaned money to a friend in the state of mo 5 years ago, can i still go after it. they just went through a divorce last year and used the money owed to me in their settlement, and i am still getting the run around, can i go to the court house look up their divorce and find out who their lawyers were to get the facts strait and to prove they talked about make a payment to me . i live in the pa state, but will be in mo in July if i can still file a case
Submitted: 4 months ago.
Category: Legal
Expert:  Marsha411JD replied 4 months ago.


Thank you for the information and your question. The statute of limitations for filing suit on an oral contract in Missouri is 5 years. However, the date used is the date that the debt became payable. If that was open ended, then you and the other party would have to convince the court what date to use for that. You, obviously, would want a later date so that you are within the 5 year SOL, and the other party would want an earlier date (assuming they acknowledge the debt or you prove that it exists.) So, that may be an issue in your case.

If the amount you are suing for is $5000 or less, you can file suit yourself in small claims court. If more, you would need to hire an attorney to file suit for you and they would address the SOL issue on your behalf if it becomes a challenge in court.

To answer your other question about the attorney, no, you cannot ask them or obtain any testimony or evidence from them if they represented this other party. They have an duty of attorney-client confidentiality that cannot be violated.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 15th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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