October 3rd, 2007 | 
Author: 
Anne G asked:
10 years ago I was in some legal trouble, and my aunt paid for a lawyer to represent me in court. She then wrote me a letter telling me that I had to pay her back about $2000 for the lawyer’s fee. I never signed a contract with her, nor did I make an oral agreement. She simply outlined the payment plan in her letter. I made monthly payments for about a year then stopped because I was broke. She never contacted me to get the rest of the money, then I lost contact with her after I moved to Florida. I have lived in FL since 2001. She now has my new address and I was wondering what to do if she writes and demands the money. Is there a statute of limitations? If she took me to court for the money, would she have a case? Does a payment plan in a letter count as a legally binding agreement? If there was a case, who would have jurisdiction, NJ or FL?
10 years ago I was in some legal trouble, and my aunt paid for a lawyer to represent me in court. She then wrote me a letter telling me that I had to pay her back about $2000 for the lawyer’s fee. I never signed a contract with her, nor did I make an oral agreement. She simply outlined the payment plan in her letter. I made monthly payments for about a year then stopped because I was broke. She never contacted me to get the rest of the money, then I lost contact with her after I moved to Florida. I have lived in FL since 2001. She now has my new address and I was wondering what to do if she writes and demands the money. Is there a statute of limitations? If she took me to court for the money, would she have a case? Does a payment plan in a letter count as a legally binding agreement? If there was a case, who would have jurisdiction, NJ or FL?
Answers from legal professionals are preferred. Please back up your answer with specific citations from NJ law. Serious answers only. Childish answers will be ignored. Thanks
Carlos
Posted in Law & Ethics | 
Tags: 10 Years, Binding Agreement, Citations, Jurisdiction, Lawyer Fee, Legal Professionals, Legal Trouble, Money, Oral Agreement, Personal Debt, Statute Of Limitations
New Jersey Statutes of Limitation
Conversion of an instrument for money: 3 years, (N.J.S.A.12A: 3-118(g)).
Sale of goods under the UCC: 4-years, (N.J.S.A. 12A; 2-725).
Real or personal property damage, recovery and contracts not under seal: 6 years (N.J.S.A. 2A: 14-1).
Demand Notes when no demand is made: 10 years. If demand made: 6 years from date of demand, (12A: 3-118(b)).
Obligations under seal for the payment of money only, except bank, merchant, finance company or other financial institution: 16 years, (N.J.S.A. 2A: 14-4) actions for unpaid rent if lease agreement is under seal, (N.J.S.A. 2A: 14-4).
Real estate: 20 years, (N.J.S.A. 2A: 14-7); Judgments: 20 years, renewable, (2A: 14-5); Foreign judgments: 20 years (unless period in originating jurisdiction is less), (2A: 14- 5).
Unaccepted drafts: 3 years from date of dishonor or 10 years from date of draft, whichever expires first, (12A: 3- 118(c)).
The SoL stops when you are outside of the jurisdiction of the court, such as when you lived in FL. Also, your payments is evidence that shows you acknowledge the debt.
Even if the SoL has elapsed you still owe the money, she just can’t sue you for it.