Can I take my ex to court a year after he still hasn’t paid me back what I lent him?

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Can I take my ex to court a year after he still hasn’t paid me back what I lent him?

He owes me close to $3000. I have emails and facebook messages stating he intends to pay me back (obvious it was not a gift). I am currently out of the country right now doing missionary work and will be until next year. Will this be a problem if I wish to start a case when I get back?

Asked on August 4, 2012 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I believe that the statute of limitions, or time period within which you must sue, in Texas on both oral and written contracts is four years. That period runs when when the default occured, or when the debtor failed to make payments due under the agreement. You therefore seem to have up to four years from his failure to pay when he should have to bring a lawsuit against him. Note that you can  start the suit while out of the country: you can retain and work with an attorney via phone, mail, and email. You may wish to start the suit before you return, so it is already underway by when you are back.


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