How binding are promissory notes?

[sunshinegirl200]

Hi! I live in Florida and have a question regarding a situation with my ex-boyfriend. I met him when he was going through a divorce. he said his ex wife stole all of his music equipment and computer that allowed him to work and was tied up in an ugly divorce. I let him move in with me and loaned him the credit to re-purchase the items he needed to get back to work. He promised to pay me back and we drew up a promissory note. He was to pay me $614. per month (over $10,000 loaned at 9% to be paid in 18 months). He said he'd pay me $800 per month, but never has. he never used the equipment to make any money, he became lazy, possessive, insecure, and brought no money into the house for bills, etc. Further, he could barely pay me $100 per week for his stuff!

I had to make him move out because he became very possessive and verbally abusive. Now, since I refuse to see him, he will not pay me. Further, he has become harrassing and threatening to me and guests (on one accasion) when he drove by and saw someone else at my house. I've almost called the police several times!!!

The question is that is there anything i can about the money he owes me since we have a promissory note? He won't have all of the money, but can the courts order him to pay? or can they garnish his wages? keep in mind that he works at a tattoo shop probably for cash.. I've seen through his divorce how he got them not to show what he really was paid! Is there anything I can do????? Please help! I put all of this stuff on my credit cards, and now i'm in serious financial difficulties!!!!!

 

[JETX]

Depending on the contents of the promissory note, it could be an iron-clad document or a worthless piece of paper. No one can tell you how valid it may prove to be without reviewing the entire document.

However, you have another problem that may be larger than the issue of validity.... from your post, it sounds like the debtor has little or no assets to go after. This should certainly be a consideration... you may win in court, but get nothing or little for it. The courts CANNOT force a debtor to pay, that falls to you to enforce your judgment (if you win). The state does provide several procedures that could help you, but you must exercise them.

Your questions:
Q1) "is that is there anything i can about the money he owes me since we have a promissory note?"
A1) Yes. You could take him to court and get a judgment against him. You would then have to enforce the judgment.

Q2) "He won't have all of the money, but can the courts order him to pay?"
A2) They can give you a judgment against him that YOU will then have to enforce. The courts will provide you some legal methods to attempt to enforce your judgment (liens, garnishments, etc.), but the responsibility will be yours.

Q3) "or can they garnish his wages? keep in mind that he works at a tattoo shop probably for cash."
A3) You could garnish his wages, but since you believe he is paid in cash, that would very probably NOT be successful. And with that type of transient job (tattoo's), he would very probably just move to another job.

Q4) "I've seen through his divorce how he got them not to show what he really was paid!"
A4) And I assume that they would do the same to your attempts to garnish.

Q5) "Is there anything I can do?????"
A5) Based on the type of person you describe that you lived with, it sounds to me like ANY judgment you get would be hard to enforce. Unless he has other assets like motorcycle, car, musical equipment, computer, etc. that might be seizable. (and yes, I did include those items for the obvious reason).

It definitely sounds like another very expensive lesson in life skills management!!

One thing that you might consider... who's name is on the receipts??? If you can prove ownership of the property, you might consider filing criminal theft charges on him. You would have to be able to show that the items were yours and that he removed them from your residence without your permission (also, that you never gave him ownership or permission to remove YOUR property).