QUESTION

Is there a statue of limitation on breach of contract?

Asked on Sep 10th, 2013 on Breach of Contract - Alabama
More details to this question:
My boyfriend slammed me out of 17 thousand dollars 20 years ago then hid from me. I found him last month and he admitted on tape recording that he owed me that money. However, he said unless I came back to him he would not pay. Do i have a case now that i know exactly where he is?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There is a statute of limitations on breach of contract, however it can sometimes be extended.  I don't know the specific Alabama statute of limitations, but in general 20 years is way beyond the SOL for either breach of contract or fraud.  In some cases, the statute of limitations runs from when you discovered, or reasonably should have discovered, your claim, but from what you've written, it appears that you knew about your claim long ago.  It also does not seem as if your ex-boyfriend misrepresented something to you which caused you to delay filing suit.  In some states, an acknowledgement of a debt revives the limitations period, but usually that requires a written acknowledgement; I don't know whether the taped acknowledgement might be good enough in Alabama.  Also, t is possible that, in some states, the limitations period may be extended during the period when your ex was hiding.  I believe that criminal limitations periods can be extended during a time when a suspect is hiding and/or is out of state, so that even if you are beyond the limitations period for civil claims, you may be able to get your local district attorney to press charges.
Answered on Sep 11th, 2013 at 11:04 AM

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