20 yrs ago I had my sister sign a loan agreement when I paid off a $20K+ theft. How can I get my $?

My sister was charged with felony theft of $20K+ from Fox Camera. She faced 20 yrs so I made restitution on the money so she wouldn't go to prison. Fox is now close, she signed a loan agreement which is gone. The attorney who handled it refuses to look up the records.

I really need money now. Is this anyway I can sue her, with out a loan agreement, for my money? She now denies the even ever took place.

Any input would be appreciated.

Thank you,

JR
JR111
Asked Jul 21, 2011
There is no state in the US with a 20 year statute of limitations on a personal loan of any kind. That alone would defeat your lawsuit. I'm sure she wouldn't be willing to loan you 20K but you could ask.


Rob
Answered Jul 21, 2011
Edited Jul 21, 2011
I'm sorry you're experiencing this. It must be terrible to be betrayed by family... especially when you did such a *monumentally* kind thing for her.

The statute of limitations on debts --- the time allotted to legally enforce the debt --- begins when the contract is signed. Most states recognize a 4-6 year SOL on debts. The SOL is renewed with a partial payment or a written promise to pay. If you have more recent proof of either of these, AND the document that proves the debt existed, you may have legal recourse. (Is the original attorney refusing to locate documents, or refusing to locate documents without pay? Ask his local bar association what you can do to compel him.) You'd need an attorney to proceed. IF you have standing to sue, the amount exceeds small claims court.

I say this from personal experience: NEVER loan money that you ever want to get back or may need in the future. When you make a loan, treat it in your mind like a gift.
skyDancer
Answered Jul 21, 2011
I suspect the attorney's response was based on the realization that the case isn't going anywhere because of the SOL. If she/he wants to persue the issue in the face of that formidable obstacle, the records can easily be obtained with a subpoena duces tecum.
Rob Jul 21, 2011
Yeah, without a recent, provable renewal of the SOL there's no case and no point in doing anything else.
This is my introduction to social networking. I am truly grateful for all your time and solutions. I hope to make worthy contributions as this.

Thank you all...even if there is no way of solving the problem...darn it!
Bakes Jul 21, 2011
Where could we be without familes...Thanks everyone

JR111
Bakes Jul 21, 2011
I thank all of you for your responses. This is my introduction to a networking "club" and truly impressed with the knowledge and talent out there.

Your terrific and I hope I may make worthwhile contributions. My area is marketing.

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JR111
Bakes
Answered Jul 21, 2011
Edited Jul 21, 2011
Cheers. Welcome. :-)

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