Can these people be prosecuted?

[Ann T]

In 1992 I made a personal loan to family friends. The loan amount was and still is $20,000.00.
Every attempt to contact them was either unreturned or ended with a promise by them to return my call at a later date or when they where in the area.
I live on Long Island, NY and they live upstate NY in Onendonga County.
I have since sent them several letters and one registered letter which was returned to me labled, Unclaimed by the US Postal Service.
Is there anything I can do either in regainning these monies or having them charged with something along the lines of Grand Theft\Larceny?

I do have the documentation that was originally drawn up between us and the cancelled check. (Thanks peter for the reminder)


[This message has been edited by Ann T (edited September 15, 2000).]

 

[peter]

Well you'd better have it in writing, or they can claim since it was exactly $20,000...that you gave them a gift of $10,000 each so they wouldnt have to pay gift taxes on it. neat huh?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:
Well you'd better have it in writing, or they can claim since it was exactly $20,000...that you gave them a gift of $10,000 each so they wouldnt have to pay gift taxes on it. neat huh?<HR></BLOCKQUOTE>


My response:

Peter, this matter has nothing to do with "gift taxes" (and even if it was, why would our writer care about their tax liabilities?). You're also not reading. She said she has the cancelled check - one check. Therefore, presumably, it's a check that says $20,000.00 on it. Further, she says she has the signed writing that evidences their agreement concerning the money.

Peter, there is nothing magical about this situation . . . it is a straight "breach of contract" matter.

However, and unfortunately, our writer is out of luck on this loan breach. The Statute of Limitations on Oral, Written and Promissory Notes agreements in New York is 6 years. In order for our writer to have even had a chance to get her money back, she needed to have filed a lawsuit prior to 1998. Since the Statute of Limitations has expired, she will never see her money again. If she were to file a lawsuit today, her case would be dismissed.

This situation is not a "criminal" matter - - although it feels like that to our writer. This matter was, and always has been, a Civil matter, not criminal. Her post should have been posted on the Business Board, or the Bankruptcy Board.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited September 15, 2000).]

 

[BlueSue]

Anyone who can answer, please read my post from this morning under the Family Law Board. I too am owed money. It is from my ex husband and I wonder if I can collect it. It's not a loan, but my share of the house that I jointly owned. Thanks.