Notice: We are still operating during the COVID-19 crisis. However, we are not allowing visitors to our office and most of our staff is operating remotely. Our attorneys and staff are still available to help you by phone and email. If you get our voice mail, please leave a message and it will be returned promptly. There may be delays with mail due to the crisis, so please try to send documents by email after submitting a contact form here or fax to 312-419-0379, if possible.

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.

Categories: