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Can i still be sued

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dg1829

Junior Member
What is the name of your state? California
I have just been served to present my self in small claims court next month. A friend whom lent me money to pay off a loan has sued me. she lent me the money in March of 2006. Can she still sue me has the statue of limitations passed? Also, if she wins can I make payments? I know i owe her the money i tried to make payment arrangements in Feb and she said no that she wanted the full amount so i told her that when i had the amount in full i would pay her. I deffinitly dont have 13 thousand dollars to just pay her off if i did i wouldnt have taken the loan. What should i bring with me to be ready? I have the email where she said she did not want payments.
Help?
Thanks.
 


racer72

Senior Member
The statue of limitations is in a park near the capital in Sacramento. The statute of limitations is 4 years for a written contract, 2 years for a verbal. The SOL clock starts when the account becomes past due. It all depends on when you were supposed to pay the money back, not when you borrowed it.

Payments will be up to the plaintiff if she wins. The judgment, if granted, only gives her the right to use certain laws to collect the debt such as seizing property, garnishing wages, attaching bank accounts, etc.

The first thing you need to do is answer the summons, you are given a certain amount of time, usually 20 working days. If you don't answer the summons she can be granted a default judgment. For a $13,000 debt, you need to see an attorney and soon.

FYI, $13,000 far exceeds the small claims limit for your state, you are being sued in a higher court. That is why you need an attorney.
 

SF439

Member
I would just file chapter 7 bankruptcy and just include all your debt, including her.

What is the name of your state? California
I have just been served to present my self in small claims court next month. A friend whom lent me money to pay off a loan has sued me. she lent me the money in March of 2006. Can she still sue me has the statue of limitations passed? Also, if she wins can I make payments? I know i owe her the money i tried to make payment arrangements in Feb and she said no that she wanted the full amount so i told her that when i had the amount in full i would pay her. I deffinitly dont have 13 thousand dollars to just pay her off if i did i wouldnt have taken the loan. What should i bring with me to be ready? I have the email where she said she did not want payments.
Help?
Thanks.
 

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