QUESTION

Oral Agreement regarding loaned funds

Asked on Mar 16th, 2015 on Breach of Contract - Ohio
More details to this question:
I provided an ex fiance with $5000 to pay for some grad school credit hours. He ended our relationship approximately 3-4 months later (December 2012) and agreed to pay me back in full in addition to $9505 that he owed my parents. He paid my parents but then decided he didn't owe me anything and no longer responds to my mother contacting him about the money he owes me. Do I have any legal recourse? I know it has been more than 2 years since the initial agreement was made so I'm not sure if the statute of limitations is up and I also know that I can only file for $3000 in small claims court. I don't want pay for help from an attorney if I have no case.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I don't know what the statute of limitations is on a breach of contract claim in Ohio, but most states have contract statutes of limitations of at least 4 years.  In New York, it is 6.  More important, the period does not fun from the date of contract, but from the date of breach, i.e. the date the money was due and he didn't pay.  If you can prove what you set forth above, you should have a case, but you're probably better off representing yourself.  You should be able to represent yourself even if the case is not filed in small claims court, but I'm very surprised, that the jurisdictional limit on the small claims court in your jurisdiction is only $3000.
Answered on Mar 16th, 2015 at 2:48 PM

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