QUESTION
I am suing a friend in small claims court for $1,500 that I lent her 2 years ago. Is it too late to file because I read there are time limits?
Asked on Aug 09th, 2018 on Breach of Contract - Illinois
More details to this question:
A friend asked to borrow money for a new car July 29th, 2016 and then was locked up in jail for child abuse so she had to use part of that money. She proceeded to ask for more money August 9, 2016. She said she would pay me back in 2-3 months then it turned into $200/month and now that we are no longer friends she pays as she feels. As of now she owes me $1500/3500. I have copies of our text message records along the deposit receipts to her bank account. Is it too late to file? What are my odds of winning/collecting? There is a new court filing process in Illinois where we have to efile but I do not see my case type?
1 ANSWER
The Illinois statute of limitations on breach of contract is either 5 years or 10 years from the breach, depending on whether your contract is in writing or not - not sure if the texts would qualify, but it doesn't matter as, either way, you are well within the allowed time. It's impossible to guarantee any outcome that depends on who the Court believes, but since you have texts and other documentary evidence, you probably have a good chance to win. As for collection, that's a different story, since your friend doesn't sound like she has a lot of money, and may not be able to pay off the judgment. I can't help you with the efiling issue.
Answered on Aug 09th, 2018 at 1:25 PM