QUESTION

Loan/small claims question

Asked on Feb 24th, 2016 on Civil Litigation - New York
More details to this question:
I borrowed money from someone and I signed for the checks she gave me on 2/20/14. We had no repayment agreement. When she demanded repayment recently, I told her I would send her monthly checks until the debt is satisfied. She is attempting to dictate repayment terms with which I do not agree. I asked her to supply me with the amount she thinks I owe her, and she presented me with a falsified document that contains two additional checks that were issued after the 2/20/14 date when I signed for the checks and also wrote in repayment terms on one of the checks which I never agreed to. All are photocopies. What standing does she have to take me to small claims court given I am ready to make good faith payments. Thank you
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1 ANSWER

Appellate Practice Attorney serving New York, NY
She has standing to sue you; she is under no obligation to accept your repayment schedule, as you are under no obligation to accept hers.  If an agreement does not specify the time period in which a loan is to be repaid, a court will imply a "reasonable" amount of time under all the circumstances.
Answered on Feb 24th, 2016 at 4:01 PM

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