B
Bill R. Hurlbert
Guest
(California) My roommate borrowed money from his cousin in 1997, he used the money to purchase a refrigerator for the house we were renting and other personal things. A check was made out to him with loan written on it (she states). It was first agreed upon that he did not have to pay her back (but it would be his word against hers). She changed her mind a week later and wanted him to start making payments.
He was in a disability lawsuit against his employer at the time and had no income.
So, I gave her a check, made out to her for $150.00. I wrote on the check (for John Doe, balance $2950.00).She then agreed to wait for his claim to be settled.When he got far less than anticipated,he had to make priorities on what got paid,which wasn't very much.He has not heard from her since.Now 4-years later she wants her money back.
She claims that since I made a payment to her for him,this shows that I am also legally responsible for this debt.
There was never any documents signed to make restitution, this was strictly a verbal agreement between him and her.
She has served us both with papers to appear in Small Claims Court in about a month. I thought there was a 2-year Statue of Limitations on oral contracts in the state of California.My roommate is in the process of filing for bankruptcy,which includes his debt to her.
Can she go after me for repayment of his debt.Do we have to appear in Court and prove this was an oral agreement.
This is my first time in a situation like this. Please help.
[Edited by Bill R. Hurlbert on 07-15-2001 at 12:18 AM]
He was in a disability lawsuit against his employer at the time and had no income.
So, I gave her a check, made out to her for $150.00. I wrote on the check (for John Doe, balance $2950.00).She then agreed to wait for his claim to be settled.When he got far less than anticipated,he had to make priorities on what got paid,which wasn't very much.He has not heard from her since.Now 4-years later she wants her money back.
She claims that since I made a payment to her for him,this shows that I am also legally responsible for this debt.
There was never any documents signed to make restitution, this was strictly a verbal agreement between him and her.
She has served us both with papers to appear in Small Claims Court in about a month. I thought there was a 2-year Statue of Limitations on oral contracts in the state of California.My roommate is in the process of filing for bankruptcy,which includes his debt to her.
Can she go after me for repayment of his debt.Do we have to appear in Court and prove this was an oral agreement.
This is my first time in a situation like this. Please help.
[Edited by Bill R. Hurlbert on 07-15-2001 at 12:18 AM]