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

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.

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Attorney answers 3

Posted

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.

Posted

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 in the State of Illinois and have an office in Kendall County, Illinois. However, I serve clients in many counties within the state of Illinois. My areas of practice involve Estate Planning (Trusts/Wills/Powers of Attorney/) and Probate, Business and Real Estate Counseling. Please take note that the above answer does not create an attorney/client relationship, and that all AVVO responses from both me and my attorney colleagues are for general legal education, only. Information obtained from AAVO or any other internet location should never be used as a substitute for competent legal advice from a licensed attorney that practices in your state. Please also be advised that the passage of time can often diminish the likelihood of success, and some matters will be barred by a Statute of Limitations. So, do not hesitate in seeking an attorney to specifically advise you. Finally, any reference to a specific law or theory of law is my best thought on the topic based upon a brief consideration of the topic, not a complete analysis of your specific situation. Best wishes as you seek resolution of your matter, and I hope you this answer helpful.

Asker

Posted

Thank you for the information. Isn't this a criminal statute therefore, I cannot sue him in civil court under this? Section (e) talks about civil liability but only addresses section (b)(1), not (b)(2). How do I sue under (b)(2)?

John Justin Wyeth

John Justin Wyeth

Posted

I'm sorry for any misunderstanding. Follow the combination of (b)(1) and [E] of 30 day notice, etc. Eventually, you'll end up on small claims court as indicated in [E]. However, most people will make the check good if you begin to put them on notice of your intention to follow through under the authority of this statute. There is nothing wrong with telling them that you are following the law. Good Luck.

Asker

Posted

John, Thank you for all the help so far. One last question about section (b)(1), The check was written to me in order to pay me back money that my employee had stolen from me. I am concerned about the language in (b)(1) which states the check must have been written with "With intent to obtain control over property or to pay for property, labor or services of another..." In my case, the check was written to pay me back money that he had stolen from me, not written to obtain control over property, labor, or services, or am I missing something? Thank you again.

John Justin Wyeth

John Justin Wyeth

Posted

I appreciate your attention to detail. The stolen money was your property, the thief controlled it. You can make the argument that this statute applies. More importantly, start the Section [E] timelines to see if you can shake the money out of the person without filing any lawsuit. There is no guarantee in any of this. Good Luck

Posted

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.

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