Fraud by friend
Posted 27 January 2013 - 06:57 PM
Does my relative have a leg to stand on? Will a lawyer even take a case like this? What will my relative need document-wise to pursue this?
My relative lives in California and the person who "stole" the money resides in Florida.
Any advice/help would be greatly appreciated.
Posted 28 January 2013 - 07:11 AM
Posted 28 January 2013 - 08:51 AM
If we assume that the borrower lived in Florida at the time the loan was made, then it is likely that any lawsuit would need to be filed in Florida and that Florida law would govern the claims and defenses.
The big question here is whether the statute of limitations has run. That will depend on the specific terms of the loan regarding repayment, and your post is silent in that regard. You said that the borrower never paid anything. The question is when the first payment was due. Was it due a month after the loan was made? Was the loan agreement silent regarding repayment (in which case the court would imply a term that repayment was to be made within a "reasonable" period of time)? It looks like the Florida statute of limitations is either four or five years (depending on whether there is sufficient written documentation to make this a case for breach of written contract as opposed to oral contract). That means your relative may still have time, so he or she should contact an attorney in the FL county where the borrower lives ASAP.
Posted 15 February 2013 - 09:02 AM
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