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1996 Loan to Friend for Personal Computer

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8yr_old_debt

Junior Member
I live in Minnesota.

I purchased a computer in 1995 from Best Buy. I was suckered into that deferred payment plan and was about to run over my window of repayment to avoid finance charges.

My boyfriend at the time offered to borrow me the money (approximately $1600? Max $1800. I still have to verify the amount but am going to do that tonight). I told him I'd pay him back and he said OK, but that he really wanted to help me/the money wasn't important, he didn't need the cash.

We split up in early 1998 when he moved to Chicago. I moved to TX shortly after that but moved back to MN in 2000. Nothing was talked about this loan other than him saying it wasn't a big deal to him. I had given him several checks for payments and send 2-3 to his office in Chicago (again am going to see if I can find the check registers/carbon copies tonight).

He did not cash any of these checks. Only one at least 1 year after I'd written it (I think approx. 5-6 years ago). I called him after he cashed it since it had been so long since I'd written it and I was upset he didn't warn me since it was for $200 and he did know my financial situation. I felt he did that out of spite.

We talked and again, he said it was not a big deal to pay any more money and he just cashed the check since he found it without really thinking much of it.

Exactly 2 years ago nearly to the day, he e-mailed and called me because he was still in love with me and needed to know for sure if there was ever a chance of a reconciliation. There is not a chance, our conversation was civil but not what he wanted.

We have not had any contact since then until last week when we spoke on the phone for probably 10 minutes. At first the conversation was fine, just old friends catching up but then he became agitated and I could tell his emotions started playing again. I ended the call shortly thereafter and now he is wanting this money.

I know that he is doing this out of anger. I realize this has no bearing on the law, but that is the background.

He says he is going to file a judgement. He will have to file this judgement with Minnesota courts correct? Since the debt was incurred in MN? What is the statute of limitations? I found a site that said 6 years but it sounded like it was for commercial/consumer debt and I'm not sure if this qualifies. Does the time limit start after he cashed that $200 check or after I wrote that $200 check? We just recently e-mailed about this and I told him that it has been too long; did I just screw myself royally by this e-mail exchange?

The other side of this is that the loan was for the computer and I happen to still have the computer. Does this qualify as a secured loan and if so could I just give him the computer or at least offer it in court?
 


Happy Trails

Senior Member
8yr_old_debt said:
I live in Minnesota.

I purchased a computer in 1995 from Best Buy. I was suckered into that deferred payment plan and was about to run over my window of repayment to avoid finance charges.

My boyfriend at the time offered to borrow me the money (approximately $1600? Max $1800. I still have to verify the amount but am going to do that tonight). I told him I'd pay him back and he said OK, but that he really wanted to help me/the money wasn't important, he didn't need the cash.

We split up in early 1998 when he moved to Chicago. I moved to TX shortly after that but moved back to MN in 2000. Nothing was talked about this loan other than him saying it wasn't a big deal to him. I had given him several checks for payments and send 2-3 to his office in Chicago (again am going to see if I can find the check registers/carbon copies tonight).

He did not cash any of these checks. Only one at least 1 year after I'd written it (I think approx. 5-6 years ago). I called him after he cashed it since it had been so long since I'd written it and I was upset he didn't warn me since it was for $200 and he did know my financial situation. I felt he did that out of spite.

We talked and again, he said it was not a big deal to pay any more money and he just cashed the check since he found it without really thinking much of it.

Exactly 2 years ago nearly to the day, he e-mailed and called me because he was still in love with me and needed to know for sure if there was ever a chance of a reconciliation. There is not a chance, our conversation was civil but not what he wanted.

We have not had any contact since then until last week when we spoke on the phone for probably 10 minutes. At first the conversation was fine, just old friends catching up but then he became agitated and I could tell his emotions started playing again. I ended the call shortly thereafter and now he is wanting this money.

I know that he is doing this out of anger. I realize this has no bearing on the law, but that is the background.

He says he is going to file a judgement. He will have to file this judgement with Minnesota courts correct? Since the debt was incurred in MN? What is the statute of limitations? I found a site that said 6 years but it sounded like it was for commercial/consumer debt and I'm not sure if this qualifies. Does the time limit start after he cashed that $200 check or after I wrote that $200 check? We just recently e-mailed about this and I told him that it has been too long; did I just screw myself royally by this e-mail exchange?

The other side of this is that the loan was for the computer and I happen to still have the computer. Does this qualify as a secured loan and if so could I just give him the computer or at least offer it in court?
He would have to sue in MN.
The SOL would be 6-years, but when you left MN, this froze the time it was running.

I'm sure your ex wouldn't want a ten year old computer, but that doesn't matter since small claims court deals with money.
 
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8yr_old_debt

Junior Member
As far as I can tell then the SoL would be OK...

Even being overly conservative, let's say the check was paid to me in March 1997. I moved to TX in January 1999 (2 yrs and 9 months). Moved back to MN in July 2000 and still live here (4 yrs & 8 months).

But does the SoL start at the time of the debt or at the time of the last payment? And did my e-mail conversation with him affect this? Is e-mail admissable? I've seen conflicting advice here regarding e-mail. I would think it wouldn't stand up as much because it can be altered too easily.

So I shouldn't even offer the computer in small claims court?
 

8yr_old_debt

Junior Member
Thank you so much for your response!

As far as I can tell then the SoL would be OK...

Even being overly conservative, let's say the check was paid to me in March 1997. I moved to TX in January 1999 (2 yrs and 9 months). Moved back to MN in July 2000 and still live here (4 yrs & 8 months).

But does the SoL start at the time of the debt or at the time of the last payment? And did my e-mail conversation with him affect this? Is e-mail admissable? I've seen conflicting advice here regarding e-mail. I would think it wouldn't stand up as much because it can be altered too easily.

So I shouldn't even offer the computer in small claims court?
 
S

seniorjudge

Guest
8yr_old_debt said:
Thank you so much for your response!

As far as I can tell then the SoL would be OK...

Even being overly conservative, let's say the check was paid to me in March 1997. I moved to TX in January 1999 (2 yrs and 9 months). Moved back to MN in July 2000 and still live here (4 yrs & 8 months).

But does the SoL start at the time of the debt or at the time of the last payment? And did my e-mail conversation with him affect this? Is e-mail admissable? I've seen conflicting advice here regarding e-mail. I would think it wouldn't stand up as much because it can be altered too easily.

So I shouldn't even offer the computer in small claims court?
Q: But does the SoL start at the time of the debt or at the time of the last payment?

A: Last activity (usually meaning a payment).


Q: And did my e-mail conversation with him affect this?

A: If you agreed you owed the money, it may have.


Q: Is e-mail admissable?

A: Generally, rules of evidence in SCC are either very lax or nonexistent; so the e-mails could be shown to the judge (for whatever they're worth).


Q: So I shouldn't even offer the computer in small claims court?

A: Go ahead and try; it won't hurt.
 

Happy Trails

Senior Member
8yr_old_debt said:
Thank you so much for your response!

As far as I can tell then the SoL would be OK...

Even being overly conservative, let's say the check was paid to me in March 1997. I moved to TX in January 1999 (2 yrs and 9 months). Moved back to MN in July 2000 and still live here (4 yrs & 8 months).

But does the SoL start at the time of the debt or at the time of the last payment?***Last payment. And did my e-mail conversation with him affect this?***Could have depends on the content. Is e-mail admissable? ***I have seen it where it is admissable. I've seen conflicting advice here regarding e-mail. I would think it wouldn't stand up as much because it can be altered too easily.

So I shouldn't even offer the computer in small claims court?
The courts deal in money. You could offer it to your ex now, but I don't think a 10-year old computer has very much value.

You should get your records together and see if the SOL has expired.
 
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S

seniorjudge

Guest
Happy Trails said:
The courts deal in money. You could offer it to your ex now, but I don't think a 8-year old computer has very much value.

You should get your records together and see if the SOL has expired.
And on that SOL question:

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!
 

8yr_old_debt

Junior Member
Hm... I've read a few different things...

SoL starts when the account is recorded as delinquent;
or
SoL starts at last activity.

I would think it would be the latter as he is now saying that the account is just delinquent as of yesterday which is ridiculous since it was so long ago. But if SoL starts when the account is recorded delinquent then the SoL just started yesterday! That doesnt' seem fair that you can just start the SoL whenever you feel like it by stating that the account is now delinquent.

Any ideas?
 

cmorris

Member
I would use the date of the check he cashed as the starting date to calculate the SOL. Try to get a copy of the check from your bank. It may cost a little bit, assuming they still have a copy.
 
S

seniorjudge

Guest
8yr_old_debt said:
SoL starts when the account is recorded as delinquent;
That makes no sense; if an account is never "recorded" as delinquent, then (if that statement was true) then the SOL would NEVER start running!
 

BL

Senior Member
Also , It wouldn't matter what the PC is worth today . What matters is the amount loaned and the amount owed on the loan " From the date of last activity " .
 

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