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Is there a statue of limitation on my brother paying me back…

Customer Question
Is there a statue...

Is there a statue of limitation on my brother paying me back for a favor without having a contract or promissory note written

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

The state of south carolinia

Lawyer's Assistant: Has anything been filed or reported?

Yes i just filed 12 years later this week

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 10 months ago.Category: Legal
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Answered in 1 minute by:
9/6/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 10 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 10 months ago

Yes. 6 years. See TN Code Section 28-3-109. Statute of Limitations is the time you have to file lawsuit to force your brother to pay or forever be barred from filing the lawsuit. Your may still use other means to try to collect the debt such as telephone calls and letters; reporting the debt to credit reporting agencies. However, without the threat of lawsuit, there is really nothing you can do to get the debt paid. So, a debtor (your brother) does not have to pay debts that are passed the Statute of Limitations. However, there is no law preventing him for paying you back.

The Statute of Limitations on a debt starts to run from the time the debtor stopped paying on the debt or breached the agreement to pay. Paying anything on the debt will restart the Statute of Limitations period. So, if your brother starts paying on the debt even a dollar, the Statute of Limitations would be restarted.

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