Suing after three months?

[Pollux]

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

In late February my friend loaned me $2,000. She recently asked for it back, so I told her that I would pay her $200 a month starting June 1st. She recently lost her job, so she told me she wanted more. I certainly cannot afford that, and so she threatened to sue me. She said she will try to get more money from me in damages. Can she sue me when I only borrowed the money three months ago? How much could she get in damages?

Thank you.

 

[Ohiogal]

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

In late February my friend loaned me $2,000. She recently asked for it back, so I told her that I would pay her $200 a month starting June 1st. She recently lost her job, so she told me she wanted more. I certainly cannot afford that, and so she threatened to sue me. She said she will try to get more money from me in damages. Can she sue me when I only borrowed the money three months ago? How much could she get in damages?

Thank you.

Yes she can sue you. You have paid nothing since February. Why not? When did you tell her you would pay her back? YOu admit she loaned you the money.

 

[eerelations]

She could legally sue you one minute after lending you the money (absent a contractual agreement that you'd take more than one minute to repay her, of course).

 

[Proserpina]

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

In late February my friend loaned me $2,000. She recently asked for it back, so I told her that I would pay her $200 a month starting June 1st. She recently lost her job, so she told me she wanted more. I certainly cannot afford that, and so she threatened to sue me. She said she will try to get more money from me in damages. Can she sue me when I only borrowed the money three months ago? How much could she get in damages?

Thank you.

Yes she can.

Google is not down, as of right now: http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

 

[latigo]

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

In late February my friend loaned me $2,000. She recently asked for it back, so I told her that I would pay her $200 a month starting June 1st. She recently lost her job, so she told me she wanted more. I certainly cannot afford that, and so she threatened to sue me. She said she will try to get more money from me in damages. Can she sue me when I only borrowed the money three months ago? How much could she get in damages?

Thank you.

Of course she has the legal right to sue you for the money. Provided that is, when the money is due and payable.

So when is it due and payable?

A: Since there was not agreed time when it was to be repaid the law is that it is due within a reasonable period of time and upon demand by the lender. A "reasonable period of time" is a bit hazy to say the least, but that is the prevailing law. And her asking for payment after three months would seem reasonable.

You might argue to the judge that 6, 12 or when you get around to it is more reasonable than 3 months, but you'd lose the argument.

The word "damages" in this connotation (using it in reference to a lawsuit seeking a judgment) would be the amount of the outstanding balance of the loan (here $2K because no partial payments have been made) PLUS, Florida's statutory interest at the rate of 11% per annum.

If either one of you are interpreting "damages" to mean something in addition to the unpaid principal and interest, you would be mistaken.