How Long to Collect

[ardelis]

What is the name of your state (only U.S. law)? Louisiana

While in college, I was working for a carpenter doing construction work and custom cabinets. He had just started a new company and we got in a jam when one of our important pieces of equipment failed. He asked me if he could use my credit card to replace the equipment. He ended up using around $3,000.00. I had worked with him for quite a few years and was a good friend of him and his family. He made about 4 small monthly payments on the debt then he moved away and stuck me with the bill. At the time, I was barely paying my way through college so I could not possibly take him to court. I managed to record a conversation telephone with him admitting to me that he owed the debt and had an agreement to pay it.

This is now 7 years later. I don't need the money, but I was going through some old CD Backups and found this old conversation. I'm guessing its way too long to recover this debt now, but I thought I would check here just to make certain that indeed my time has run out to collect on this debt.

 

[Antigone*]

What is the name of your state (only U.S. law)? Louisiana

While in college, I was working for a carpenter doing construction work and custom cabinets. He had just started a new company and we got in a jam when one of our important pieces of equipment failed. He asked me if he could use my credit card to replace the equipment. He ended up using around $3,000.00. I had worked with him for quite a few years and was a good friend of him and his family. He made about 4 small monthly payments on the debt then he moved away and stuck me with the bill. At the time, I was barely paying my way through college so I could not possibly take him to court. I managed to record a conversation telephone with him admitting to me that he owed the debt and had an agreement to pay it.

This is now 7 years later. I don't need the money, but I was going through some old CD Backups and found this old conversation. I'm guessing its way too long to recover this debt now, but I thought I would check here just to make certain that indeed my time has run out to collect on this debt.

The SOL in Louisiana is 10 years for contracts. You would have to sue this man in his jurisdiction and be mindful of the dollar limit.

 

[ardelis]

What if there is no contract, and my only proof is this old phone conversation? This was all done as a verbal agreement.

 

[Antigone*]

What if there is no contract, and my only proof is this old phone conversation? This was all done as a verbal agreement.

A contract does not have to be in writing to be a contract. A contract is an agreement that creates an obligation to perform a duty. You performed the duty (paid for the equipment), he agreed to provide consideration (payment back to you). You have the conversation as proof, but in addition to that, you should also have proof of the few payments he made.

You can sue him for the amount you paid for the equipment as well as the interest accumulated on the credit card for that purchase only. Again, you have to be mindful of the dollar limit for his jurisdiction.

 

[ardelis]

Why thank you for the info. Here is another twist, what if he now lives in another state (alabama), do the louisiana SOL apply or now the Alamabama SOL? And would I sue him in his current state?

 

[Antigone*]

Why thank you for the info. Here is another twist, what if he now lives in another state (alabama), do the louisiana SOL apply or now the Alamabama SOL? And would I sue him in his current state?

Go by Louisiana's SOL. He would have to assert SOL as a defense in any case. You would have to sue him in Alabama, in the jurisdiction where he resides.

Getting a judgement is one thing, but collecting is a horse of a different color. Good luck to you.

 

[ardelis]

Would this be ($3000.00 - $5000.00) be small claims? I've never sued anyone or been to court for that matter, so this will be a new adventure for me if I proceed.

 

[SuperLitigator]

You can sue him in your state most likely

Go by Louisiana's SOL. He would have to assert SOL as a defense in any case. You would have to sue him in Alabama, in the jurisdiction where he resides.

Getting a judgement is one thing, but collecting is a horse of a different color. Good luck to you.

Check with the court clerk ... how to serve him out of state ? See clerk. Small claims is informal.

The problem you have is that your telephone recording will likely not be allowed into evidence due to wiretapping laws. You need to check to see if you did not commit a felony when you did the taping.

If the telephone recording is the only proof you currently have then be careful here.

Send the guy a letter asking for the money in a way he would agree to, say payments of 100 bucks a mo. for 30 months (or even 50 bucks a mo. for 60 mo.). If he agrees he owes you the money then write up a contract to that effect with a clause that any late or missing payment would allow you to demand the full amount immediately after the late or missing payment.


Antigone's advice may have ended up you going to jail; another great & typical job by Antigone (keep up the good work with your very dangerous advice).

 

[Antigone*]

Check with the court clerk ... how to serve him out of state ? See clerk. Small claims is informal.

The problem you have is that your telephone recording will likely not be allowed into evidence due to wiretapping laws. You need to check to see if you did not commit a felony when you did the taping.

If the telephone recording is the only proof you currently have then be careful here.

Send the guy a letter asking for the money in a way he would agree to, say payments of 100 bucks a mo. for 30 months (or even 50 bucks a mo. for 60 mo.). If he agrees he owes you the money then write up a contract to that effect with a clause that any late or missing payment would allow you to demand the full amount immediately after the late or missing payment.


Antigone's advice may have ended up you going to jail; another great & typical job by Antigone (keep up the good work with your very dangerous advice).

Please cite your source, Mr. Litigator

You are a troll who's here who does nothing but incite and give weapon's grade stupid commentary.

 

[Proserpina]

Antigone's advice may have ended up you going to jail; another great & typical job by Antigone (keep up the good work with your very dangerous advice).

Really?

Why would that be?

 

[pattytx]

Really?

Why would that be?

Yeah, I'm kind of interested in knowing what the criminal conduct would be also.

 

[Antigone*]

Yeah, I'm kind of interested in knowing what the criminal conduct would be also.

Not to mention that if the OP follows StuperLitigator's spewage, he'll be wasting his money.

He has to sue the defendent in the defendent's jurisdiction if he intends on being successful.

 

[Proserpina]

Yeah, I'm kind of interested in knowing what the criminal conduct would be also.

I think I know where SL is trying to go with this

 

[ardelis]

Ewe, now I'm really confused. So basically, there is not a chance of him "agreeing" he owes the money. Basically:

1) I have credit statements showing the purchases (If I can find them, if not I have nothing, b/c my credit card company no longer has 2003 statements, so I have to hope I can find my old hard copies. It also shows him making a few payments from his checking account toward it, shortly after he skipped town and state, I just found him 7 years later)

2) I did record a phone conversation between us, in louisiana, a 1-party consent state. In the recording he admits to owing the money and I intentionally stated a dollar amount in the conversation. This may end up being my only proof. So if this is not admissible, or can wind up putting myself in jail, then I have no case at all.

 

[Antigone*]

Ewe, now I'm really confused. So basically, there is not a chance of him "agreeing" he owes the money. Basically:

1) I have credit statements showing the purchases (If I can find them, if not I have nothing, b/c my credit card company no longer has 2003 statements, so I have to hope I can find my old hard copies. It also shows him making a few payments from his checking account toward it, shortly after he skipped town and state, I just found him 7 years later)

2) I did record a phone conversation between us, in louisiana, a 1-party consent state. In the recording he admits to owing the money and I intentionally stated a dollar amount in the conversation. This may end up being my only proof. So if this is not admissible, or can wind up putting myself in jail, then I have no case at all.

I am sorry that we have confused your ardelis. There is a poster on this board whose only purpose here is to do just that.

If you have evidence of the contract between you and this other party, you are well within your rights to sue him for the money he owes you. You need to make sure to sue him in the right court.

You will need to file the law suit in his jurisdiction. That means if he lives in Los Angeles, California; you will have to use the court there to sue him.

If you don't have evidence ~ statements, check copies your chances of wininng a slim to none.