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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24870
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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Two years ago I let a friend borrow $2,000.00 she said her

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Two years ago I let a friend borrow $2,000.00 she said her ex owed her money & she couldn't pay her mortgage. She said he was selling his Harley & would give me money in 2 weeks. I have only received $400. my husband had it all saved on text & then lost his phone. Can I still take her to small claims court? I do have witness that heard her say she will pay us back.

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Yes, you have valid cause of action against her.

First, a statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

The statute of limitations for breach of contract in NJ Contracts: 6 years.

Verbal agreements are valid and binding contracts given the facts and circumstances you stated.

Can I still take her to small claims court? I do have witness that heard her say she will pay us back.


Yes, that's great.

You must prove through evidence (verbal testimony is valid evidence) that:

1) there was a verbal agreement

2) you performed your obligation - loaned them the monies

you can do this by testimony or showing evidence of the bank transactions

3) that she breached the agreement

4) damages - you state what the balance owed is

That is more than enough to win in court.

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