How long do I have to file a suit for someone not repaying a loan, if there was no specific date to be repaid?

No specific date for payment. Loaned the money about 4 years ago. Person ignored phone calls, text, emails and facebook messages. Told as friend she will have to just sue me I am not paying her back.

Asked on November 9, 2011 under Bankruptcy Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The statute of limitations, or time to bring a lawsuit, varies for each state and cause of action. If there was a written instrument, you would look for the statute of limitations for your state for a written contract; if there was no written agreement, it's the SOL for an oral contract. When there is no specific time for repayment, it is probably payment on demand; the statutory period would start running when she first refused to repay when you asked her for repayment. Count the months and years since then; if it exceeds the statute of limitions, you are, unfortunately, out of time.

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