Need Advice on small claims and promissory note PLEASE

What is the name of your state (only U.S. law)? Florida

Long story short ....My Fiance and I have been together 6 years, lived together for 5 and engaged for 3.

He has TERRIBLE credit and a judgement against him (from prior to me knowing him). The judgement was paid on for a little while through wage garnishments, but when he moved jobs they have not filed or found him again.

In the six years we have been together, we have accumulated 6,500 in credit card debt. There is car loan that the pay off is still 3,500 (he drives it, registered in both our names but financed in my name only due to his credit). And last year we bought a house, that once again is in my name only since his can't be due to credit and existing judgement.

He met someone 2 weeks ago and has now decided to leave since he wants to be with her.

Before buying the house, we had lengthy discussions about how there would be no way for me to afford the house payment by myself if he were to leave ...he assured me this would never happen, we were engaged, we had a wedding date set, etc.

However, things have changed. He thinks is can just walk away leaving me stuck with all the credit card debt, the house **************the only thing he is willing to pay for is the car so he can keep it.

Is this correct? Am I stuck with all OUR debt and bills? Just because his name wasn't on anything I'm stuck with it? Even though it's OUR bills and the only reason his name isn't on anything is due to his credit?

How about promissory notes? From everything I read they do not have to be notarized in the state of FL. He is willing to sign a promissory note .....one for the car, paying me the car payment prior to the due date each month, one for 1/2 half of the credit card debt, paying me $250.00 per month until his portion is paid off and is willing to sign one for the house paying half the mortgage for 90 days. Do these really hold up?

If he doesn't pay do I have any recourse? Would this be a case for small claims court even though we lived together for 6 years? MY thinking is that this is OUR debt but he's thinking he's excused from it since we lived together and his name isn't on anything **************someone?

His mother has told him he isn't liable for anything and to just leave me with it all .....nice !

jlaffey36 said:

Is this correct? Am I stuck with all OUR debt and bills? Just because his name wasn't on anything I'm stuck with it? Even though it's OUR bills and the only reason his name isn't on anything is due to his credit?

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Yep. Welcome to the world of 'playing house'. Unless his name is on the obligation, it is yours and yours alone.

How about promissory notes? From everything I read they do not have to be notarized in the state of FL. He is willing to sign a promissory note .....one for the car, paying me the car payment prior to the due date each month, one for 1/2 half of the credit card debt, paying me $250.00 per month until his portion is paid off and is willing to sign one for the house paying half the mortgage for 90 days. Do these really hold up?

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Absolutely. Get him to sign (confirm) any debt you can.

If he doesn't pay do I have any recourse? Would this be a case for small claims court even though we lived together for 6 years?

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Your living together is not relevant. The ONLY issue here is whose signature is on what obligation.... and if the amount of the claim falls within the jurisdictional limit of the Florida small claims court ($5000).

MY thinking is that this is OUR debt but he's thinking he's excused from it since we lived together and his name isn't on anything

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He is correct.

His mother has told him he isn't liable for anything and to just leave me with it all .....nice !

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Guess what... his mother is correct. Your only hope is to get PROOF (a promissory note is great proof) that he accepts liability for ANY of the debt(s). GET HIS SIGNATURE ON IT NOW!!!

Thank you for your quick reply.

I typed up promissory notes yesterday and he signed them. Do these have to be notarized?

Is there any specific information tht needs to be on them?

He signed 3 seperate notes:

1 for the truck - paying me the 182.49 each month by the 10th (due date) and paying any late fees if he is late with the payment. The note states he will pay until the truck is paid off or until he refinances the vehicle in his name.

1 for 1/2 the credit card debt, the note lists each card and his and my obligation. It states he will pay 250.00 per month toward his portion until the amounts are paid off.

1 for the house paying 1/2 the mortgage for 90 days OR until I am able to secure a roommate which will release him.

He signed all 3 last night **************will these hold up? Do they need to be notarized? Is there any specific information that needs to be listed? I assume just him and I need to sign them?

jlaffey36 said:

I typed up promissory notes yesterday and he signed them. Do these have to be notarized?

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Have to be?? No. However, it would certainly help if you thought he may argue that the signature was forged or not his.

Is there any specific information tht needs to be on them?

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Yes. I suggest you look at the forms at the following sites for an example:
florida promissory note - docstoc
Florida Promissory Installment Note - Free Legal Form

He signed all 3 last night **************will these hold up?

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No one can answer that. However, if he doesn't challenge the signature in court, there is a good 'chance' that they would be sufficient. Was anyone there with you when they were signed (to testify)??

Do they need to be notarized? Is there any specific information that needs to be listed?

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All asked and answered above.

jlaffey36 said:

Thank you for your quick reply.

I typed up promissory notes yesterday and he signed them. Do these have to be notarized?

Is there any specific information tht needs to be on them?

He signed 3 seperate notes:

1 for the truck - paying me the 182.49 each month by the 10th (due date) and paying any late fees if he is late with the payment. The note states he will pay until the truck is paid off or until he refinances the vehicle in his name.

1 for 1/2 the credit card debt, the note lists each card and his and my obligation. It states he will pay 250.00 per month toward his portion until the amounts are paid off.

1 for the house paying 1/2 the mortgage for 90 days OR until I am able to secure a roommate which will release him.

He signed all 3 last night **************will these hold up? Do they need to be notarized? Is there any specific information that needs to be listed? I assume just him and I need to sign them?

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Depending on how they are worded you could have issues. You have 90 days to find someone. After that he doesn't owe a dime on the mortgage and quite frankly doesn't owe a dime on it until he signed that.

I realize he won't owe a dime after the 90 days. I'm not trying to screw him ...however, I'm making sure my credit doesn't go down the toilet like his is just because he met someone else.

Hopefully, I can find a room mate within the 90 days ...and if not, I guess I'll cross that bridge when I come to it.

Like I said ....I'm not trying to "get one" over on him ....I just need a little help just like I've been helping him for the past 6 years.

He signed them last night. The only people there were me and my 18 year old son. Should I have him sign another one in front of different people?

I should also mention ......that he is willing to sign these notes and has promised to help me, he's the one that came up with the amounts, etc.

The only reason I felt a promissory note was a good idea is because he keeps changing his mind ....one minute he doesn't want to leave me stuck since I was his "saving grace" when he needed it .....then the next minute his new girlfirend and mother are telling him not to help me **************I just feel the need to protect myself while I get back on my feet.

I should also mention, that since this just happened 2 weeks ago, he is still living in the house and will be until next weekend when he's moving to his mothers.