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Ex GF called me and claims I owe her money from 2002 (Massachusetts)

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Ryan31

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Hello,

I'll make the story short :)

From 2002 - 2003 I was in a relationship with a woman and during that time (in 2002) she bought new wheels for my car on her credit card, around $800. She never claimed I had to pay this money back, I assumed it was a gift. We ended up having a child in 2003 and broke up that same year. I did my part and took her to court and recieved joint custody of the child and I pay child support. From 2002 until now (2014) has she has never asked for that money. I was never married to this woman and our only relationship has been the child we had.

In 2005 I met a new woman and moved on with my life, got married and had another child. I also still have joint custody of the previous child and still pay my court ordered child support every week.

On February 14th 2014 I received a text message from my Ex claiming I owe her the money from 2002. I believe she may be having money issues, but this is not my problem.

My question is, if she takes this issue to small claims court would I ever be ordered to pay this money back? Or is it under the Statute of Limitations which I believe is 6 years from the receipt date? I don't remember ever signing anything claiming this money had to be paid back at any time, but this whole issue is about 12 years ago, so it struck me by suprise.

Any help is greatly appreciated!
 


FlyingRon

Senior Member
Even if this was a enforceable debt, she only had six years to bring a lawsuit against you. She waited too long to bring this up. If she sues you the first thing you are going to try (without even talking about whether you have a debt) is that any such case is way past the limitations period.
 

Ryan31

Junior Member
Even if this was a enforceable debt, she only had six years to bring a lawsuit against you. She waited too long to bring this up. If she sues you the first thing you are going to try (without even talking about whether you have a debt) is that any such case is way past the limitations period.
Thanks for the quick response , Ron. Very much appreciated.

Would a small claims court even enforce this to go to court or would they just throw this out because of the timeframe?

I think this woman is insane for even bringing this up, I personally think this is a whole jealousy thing on her part since I've moved on with my life and she really hasn't.
 

Zigner

Senior Member, Non-Attorney
Thanks for the quick response , Ron. Very much appreciated.

Would a small claims court even enforce this to go to court or would they just throw this out because of the timeframe?

I think this woman is insane for even bringing this up, I personally think this is a whole jealousy thing on her part since I've moved on with my life and she really hasn't.
If it goes to court, you will have to defend yourself. The Statute of Limitations (SoL) is an affirmative defense. The court doesn't just automatically invoke it.
 

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