Can my grandmother sue someone that she lent money to almost 6 years ago?

My grandmother lent someone she knew $12,000 with an agreement that the person borrowing the money would pay it back within 3 months. The individual that borrowed the money has paid back less than $2,000 and is not making payments of between $5 and $20 a month. My grandmother needs to receive her money back and is wondering if she has grounds to file a lawsuit against the individual who borrowed the money for the remainder of the money owed.

Asked on July 5, 2012 under Bankruptcy Law, Florida

Answers:

Jonathan Pollard / Pollard LLC

Answered 8 years ago | Contributor

This is a tough one.  Hopefully, there is actually a written agreement.  Absent a written agreement, it basically becomes a case of your grandmother's word against the word of the borrower.  Without a written agreement, I doubt you have a case.

If you actually have a written contract, then you have a better shot, but will still face various hurdles.  Breach of contract claims have a 5 year statute of limitations in Florida, so there is a significant chance that the lawsuit is already time-barred.  Beyond that, the cost of filing fees and attorney's fees might make it financially unattractive for you to pursue this case.


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