Is there an actionable cause for a promise to repay a debt?

Asked 9 months ago - Chicago, IL

I had an employee who embezzled money from me. I tried to recover the money from him on my own but was unable to. It eventually became after 5 years and a lawyer said I could not sue him because of the statute of limitations. Recently, a few months ago, we came to an agreement where he would pay me back the money and he wrote me a check for the amount. The check bounced. I went to the police but they told me this was a civil matter. Can I sue him for the agreement we recently made for him to pay me back the money from over 5 years ago? If so, what actionable cause is this?

Thank you.

Attorney answers (3)

  1. John Justin Wyeth


    Contributor Level 7


    Lawyers agree


    Answered . Please see Section 17-1 (B) (2) of the attached link, below. The maker of the check has an obligation to make the funds good. You have a cause of action of the party does not make the check good. I also believe that the check 1) is evidence of a contract to pay, and 2) reopens the statute of limitations. You should contact a collections attorney.

    If you choose, please select "helpful" or a "best" answer, below. LEGAL DISCLAIMER I am licensed to practice law... more
  2. Tena Korac Andric

    Contributor Level 9


    Lawyer agrees

    Answered . Possibly, you may have to prove that the passage of time serves as consideration in the claim to overcome the statute of limitations issue. You should speak with an attorney.

  3. Alan N Walter

    Contributor Level 12


    Lawyer agrees

    Answered . It's hard to say without seeing the agreement, but you may be able to sue him for breaching the agreement. I would contact a local attorney. For one thing, it's hard to know -- from your presentation alone -- whether the agreement is enforceable.

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