Statute of Limitations on Note

Question: Can someone take you to small claims court for money they loaned you 13 years ago?

Answer: If the agreement to pay was in writing, and stated all the terms, and was signed, 10 years from last payment. If not completely in writing, 5 years.  Consult an attorney if you are sued, because the distinction is quite involved.   Also note that an agreement which by its terms cannot be performed within one year must be in writing to be enforceable at all.

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