QUESTION
What is the statue of limitations to sue in small claims (TX) for $400? I've read 2 or 4 years.
Asked on Jun 14th, 2019 on Civil Litigation - Texas
More details to this question:
My fiancee borrowed $400 from a friend about 3 years ago. He claims it was a gift, she says it was a loan but repayment terms were never discussed. Two weeks ago (for the first time since giving him the money) she demanded her money back asap or she's taking him to court. Unfortunately, he's in between jobs right now and explained to her that as soon as he finds something he'll start making payments. She said no, she wants the full amount and she'll see him in court. Can she still even sue in small claims after 3 years?
1 ANSWER
Yes. The Texas statute of limitations for breach of contract is 4 years from the breach (not the date the contract was made), i.e. the day the money was due (if no date was specifiied, the court iwll infer a reasonable time).
Answered on Jun 17th, 2019 at 2:09 PM