I lent a family member money - I have documentation of the check with the names, amount and it was a loan. They have been stalling for 16 years and I am in need of this money.
Sixteen years? When was the last time they made a payment? The statute of limitations, in general, on breach of contract is six years. And, no, the general rule is that each side bears its own attorneys fees. There are exceptions, such as if such an award of fees is permitted by a written agreement between the parties.
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If you have let it go without any payments or legal action likely the statute of limitations kicked in and they are immune from collection or suit
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I concur with the recommendation of my distinguished colleague, attorney, Walter Michael Luers. Unless the money owed to you falls into an exception mentioned by my learned colleague, you cannot collect on the debt. That is barred by the Statute of Limitations. Good luck.
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Using Avvo's "Find a Lawyer" tool, you can research contracts or litigation lawyers near your hometown, and once you select a few desirable prospects, you can reach out to one or more of them for a consultation. You would have an action for breach of contract, but statute of limitations might be an issue that prevents you from recovering. You need a local lawyer to confirm or deny the accuracy of that.
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