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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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In jan 2002 a friend wired money over to my account from ove

Customer Question

In jan 2002 a friend wired money over to my account from overseas stating she wanted to invest it. I never got the chance to invest it as she telephoned and stated she would want the money back during certain periods. When i asked for an account she never gave me one and just wanted me to bring it in cash. I did so over a period of two years never keeping any record of anything. She wouldnt give her acct # XXXXX transfer or wire it to her. In June of this year i was on a road trip and received a certified letter who I later learned was an Attorney from her country demanding money so i telephoned her and asked her what this was all about. She hung up. The post office sent that letter back as I was never able to pick it up. Now I get a letter from an Attorney in the US stating I owe her all this money and that they will take all this action. & 7 years and no contract after the fact. She is on welfare in her country and was avoiding taxes and has similar dealings I have learned. Can they do anything
Submitted: 8 years ago.
Category: Business Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


An action can be filed against you. However it appears that your "friend" may have a difficult time prevailing as you can raise the affirmative defense that the claim is barred by the statute of limitations.


The statute of limitations bars what the law considers to be "stale claims". The SOL for an oral agreement is 2 years in California. If there is a writing, the SOL is increased to 4 years. Therefore, you can raise the affirmative defense of the SOL if you are sued.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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