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Thread: How long to legally file a claim?

  1. #1
    Veteran Member NekkoStarz's Avatar
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    Default How long to legally file a claim?

    Firstly, I wasn't for sure if this belongs in Dollar Den or here or where... So, MODS sorry & please move if it doesn't belong.. Thanks.

    Secondly, this is a mess!

    Ok, four years ago a friend & I rented a hotel together while traveling (in Indiana) & I used my debit card. I ended up leaving half way through what I had already charged. She stayed. She said she was still staying in the room, but was charging it to her card. Well, a week or two later when I got home from traveling else where, she ended up charging up $2200!!! Emptying my account at the time. At the time I was living in IL & she was living in NE. Now I never filed a police report STUPID ME! Cos my local police dept. said I'd have to travel to the city in Indiana to file one. Anyhow, I didn't file cos she promised to pay me back & we had been friends for 12 years! Plus, she had never done anything like this & it was against her character.

    I forgave her & said "just pay me." Anyhow - in spring next year it will be 5 years. I'm just wondering how long I have to file or has time already passed? Cos I only keep in contact with her sooooooo vaguely just *incase* she might pay up. If I'm past the legal time frame - then I want to cut her off completely & take it as a lesson well learned. Obviously I have since recoverd monetarily wise... But still, I just feel like she's getting one over on me.

    Thanks to anyone who responds. I've tried looking this up via web & couldn't come up with anything...

    PS... Does it matter that I'm now in AZ or that she's in IL??

  2. #2
    God/dess VegasPrincess's Avatar
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    Default Re: How long to legally file a claim?

    Wow I wish I could be more helpful...I dont really know what to tell you....its too late to file a police report...you could file a small claims, but she could ditch out of paying that too and honestly what with the lawyer and everything I would have to say I personally dont think its worth persuing it. Lesson learned, I'm afraid.
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  3. #3
    Yekhefah
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    Default Re: How long to legally file a claim?

    You should've disputed the charges on your card when they hit, but oh well. Too late for that now. I think you can still take her to small claims court, and you don't need a lawyer for that. Of course if you send her an official-looking notarized letter via certified mail, explaining that if the debt isn't paid in full within 60 days (or whatever amount of time) then you will seek resolution in court, that might scare her into paying up. Can't hurt to try.

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    Veteran Member BabyGirlKylie's Avatar
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    Default Re: How long to legally file a claim?

    Look up "statute of limitations" for your state, as well as indiana. Most civil suits (this is not criminal) have a limit of 1 to 5 years to prosecute. These limits vary by state and by the type of case.
    Also, even if you just go to small claims court, with the amount of time that has passed, it may be hard for you to claim that you had an understanding that the money would be repayed (as in, the judge could ask, why do you need it now, but not then?)
    As for what state to do it in, this is debatable. Technically, it could be in any state that you or her lived in then, possibly where you live now, or in indiana where it happened. Thats for a lawyer to explain, I think I failed that question on my law exam LOL
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