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Has the statute of limitations past

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ejayga

Junior Member
What is the name of your state? Texas

So a little bit of background. About 3.5 years ago, I bought a plane ticket for myself and a friend. I paid for her because she didn't have a credit card at the time (she paid me later with cash). However, in buying the tickets, for some reason, the travel agent made it for the wrong dates (had us returning 2 days earlier), which was a different date from the receipt that I paid for. I tried to get the dates changed, but the travel agent refused without a $500.00 fee per person. (tickets cost ~$1K). I talked it over with my friend and my credit card company, and the decision was made to buy a new set of tickets and return these. To cut a long story short, I bought the new tickets, returned the old tickets to the travel agent, who once she saw what I was trying to do then decided to change the dates on the tickets, but by then I had bought new, non refundable tickets from another company. So I disputed the claim with my credit card company. After a year passes, my credit card says they cannot recover the money so I need to go after the travel agent myself. I try to go after the agent, with a lawyer and everything, and finally, after 2 more years, in December 2007, they tell me they have no intention of paying. As you can guess, I could not file suit with the company because the statute of limitations for the transaction had past.

To complicate matters, for some reason, my friend has stopped talking to me (for unrelated reasons). Anyway, now I decide to cut my losses, and contact my former friend to ask that they pay me back their part of the tickets, but they have not returned my calls, emails or letters in the past 2 months. My question is this. Being that the tickets were bought about 3.5 years ago, can I still file suit against my friend since I only found out that I wasn't getting settled from the travel agent 2 months ago? How does that affect the statute of limitations? Does it?
 


las365

Senior Member
What did your contract with the travel agent say about returning tickets that you had purchased through them?

Were you represented by an attorney at the time that the statute of limitations on your claim allegedly expired?

I'm pretty sure that the statute of limtations in Texas for breach of contract is four years. If you have a beach of contract claim, you probably still have time to file suit.

Generally (and oversimplified) if your attorney missed the statute, you may have a claim against him or her, but you still have to prove that if suit had been filed, you would have won the case.

I don't think your friend is liable for your damages fro your decision to return the tickets.
 

ejayga

Junior Member
Re:las365

What did your contract with the travel agent say about returning tickets that you had purchased through them?

Well, the tickets were nonrefundable. But it didn't say anything about what to do if the travel agent made the mistake (and I had proof of that).


Were you represented by an attorney at the time that the statute of limitations on your claim allegedly expired?


No. I did at the start of the transactions, but later had to stop due to financial issues.

I'm pretty sure that the statute of limtations in Texas for breach of contract is four years. If you have a beach of contract claim, you probably still have time to file suit.

Well, the travel agent is in Maryland, and their statute of limitations is 3 years

Generally (and oversimplified) if your attorney missed the statute, you may have a claim against him or her, but you still have to prove that if suit had been filed, you would have won the case.

I didnt have a lawyer, so...

I don't think your friend is liable for your damages fro your decision to return the tickets.

I am not trying to hold my friend liable. Half the cost of the tickets were hers. I only paid because I had a credit card and she did not. And I discussed the risks of getting new tickets with her before including her on that plan. The only reason why I bought new tickets and didn't just let go to fight another day was because these were tickets to Nigeria, I needed the extra days to see my family, and I had limited time off. Anyway, she had the choice of returning earlier and not taking the risk of having to pay double, but she didn't. So, I am just asking that she pay for her half of the tickets. If that is the case, is the statute of limitations past?
 
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