Can my dad or I sue or collect a debt that is almost ten years old?

Question

He put a lien on the house, actually. It's one of a few. He was kinda stupid about that year's load of work he took on, doing lots of work with lots of favors, and not everyone paying. We wired this huge house together, and we are STILL owed (my way of thinking as I sit thinking how he can get out of his debts!) over $3500 for the work. He took on the work at a discount as a favor to the man who was building it for his son and daughter-in-law or daughter and son-in-law, I forget. It was fantastic work, my dad is AWESOME as a worker, one of the best in the area, but too kind and generous. Anyway. One day he went to see the man, and the couple came to the door and claimed he had shot himself in the head, killing himself.

Dad is not a very courageous person, so he didn't press the issue or demand proof, though he had his doubts. I wouldn't have "demanded proof" either, but you know what I mean. There are ways to find out if someone is lying, and you should.

I live in the same county as they now, and know he is alive and well.

If I tell my dad, can he still collect the debt?

After all, OTHER debt collectors seem able to do such things for many many years...with interest.

I don't know that my dad would do it though. He is distantly "kin" to this guy and feels affiliation with him though the man wouldn't admit it, it's very distant, and well you can see he's kinda fruit loopy about some things, just NOT his work.

Answer 1

Your question is simply Can my Dad sue someone for a debt over 10 years old secured by a lien on real estate?  The quick answer is "probably", since it is secured by a "lien".  I assume it is a mechanics lien, which usually has a statute of limitations of at least 10 years.  If it is valid and is good for more that 10 years, you are good to go.  You will need a lawyer - it ain't simple.  Hope this helps.  Good luck!!

Answer 2

I think 7 years is the statue of limitations.

Answer 3

a debt is a debt and it should be paid. Lying about whether the guy killed himself is pretty gross! Go for it - you can lay charges in small claims court without having to use a lawyer. Just make sure you have all the paperwork on hand.  

Answer 4

1. The statute of limitations varies by state.

2. The statue of limitation limits LEGAL action to enforce a debt.  In MOST states, it does not limit actually owing the debt.

3.  A PROPERLY filed lien on the home lasts until it is released by the lien-holder (your father in this case).  Title to the property can not be transferred without satisfying the lien.

4.  This would be a good question to ask an actual attorney.