QUESTION

My friend loaned me 5 to get out of a pickle. Unfortunately, he is in a situation where he needs the money from me ASAP and I don’t have it Can he sue

Asked on Dec 06th, 2018 on Civil Litigation - New Jersey
More details to this question:
My friend loaned me 5k to get out of a pickle. Unfortunately, I was unemployed shortly after for a couple months and landed a job that I live pay check to paycheck and is time consuming so I cannot take on a second. It’s been a year and half and I have not been able to afford to repay him (for which I feel absolutely terrible, I am a person who pays my debts). He is now in a situation where he needs the money ASAP and threatening to sue me. We had a handwritten agreement between the two of us, which was not notarized. Can he sue me? I don’t believe we agreed to a certain timeframe of repayment. Please help.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The answer to "can he sue me?" is always yes.  More importantly, from what you've written, it appears that your friend would win.  There is no question that you had a loan contract by which you were to repay him, and such a contract does not need to be notarized or even written.  Where no date for repayment is agreed to, Courts will imply a reaosnable time period for repayment, whihc would almost certainly be less than a year and a half.  Also, the Court would probably include an award of interest from the date it holds that the debt came due.  The outcome might be different if you said that the agreement was that you would repay him upon the occurrence of a condition, such as you beginning to earn a certain amount, but you haven't written anything about any condition for repaymentk, and if it wasn't in the written agreement, the Court will probably hold that it isn't part of the agreement anyway.
Answered on Dec 07th, 2018 at 9:27 AM

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