Payback

[ljg325]

What is the name of your state? Ohio
My X-fiance and I had a fight and I wanted him out of the house in 2002. He made me write a note that I would pay him back money that he gave towards living at my house. I did the note just to get him out and I wrote it sarcasticly. Out of the blue now in 2008, he's taking me to small claims court. Is this stupid note a legal document?

 

[racer72]

Is this stupid note a legal document?

That will depend what the judge thinks.

 

[Zigner]

What is the name of your state? Ohio
My X-fiance and I had a fight and I wanted him out of the house in 2002. He made me write a note that I would pay him back money that he gave towards living at my house. I did the note just to get him out and I wrote it sarcasticly. Out of the blue now in 2008, he's taking me to small claims court. Is this stupid note a legal document?

I think a better question would be: Is this legal document a stupid note?

 

[CameronNewport]

What is the name of your state? Ohio
My X-fiance and I had a fight and I wanted him out of the house in 2002. He made me write a note that I would pay him back money that he gave towards living at my house. I did the note just to get him out and I wrote it sarcasticly. Out of the blue now in 2008, he's taking me to small claims court. Is this stupid note a legal document?

Since I can't see the note and you haven't really described it, I'll have to assume that whatever you wrote meets the proper legal requirements of a negotiable instrument (if not then that provides you with another defense).

You could defend yourself by claiming that you received nothing in exchange for the note. Your X-fiance may counter-argue that you did receive something: He voluntarily left your house.

 

[ljg325]

Since I can't see the note and you haven't really described it, I'll have to assume that whatever you wrote meets the proper legal requirements of a negotiable instrument (if not then that provides you with another defense).

You could defend yourself by claiming that you received nothing in exchange for the note. Your X-fiance may counter-argue that you did receive something: He voluntarily left your house.

Thanx for the reply!
This X put me through a lot and I wrote the note in fear, I did whatever I had to get him away from me at the time.
This note was stupid and I honestly didn't write it any degree of being serious.
It was the only way to reason with the drunk he was that day.
After I called off the engagement, we got a long great as he tried to get his life right.
I think he's now gone off the deep end again, as I got the demanding phone call from what sounded to be an unreasonale argumentative drunk.

 

[CameronNewport]

Thanx for the reply!
This X put me through a lot and I wrote the note in fear, I did whatever I had to get him away from me at the time.
This note was stupid and I honestly didn't write it any degree of being serious.
It was the only way to reason with the drunk he was that day.
After I called off the engagement, we got a long great as he tried to get his life right.
I think he's now gone off the deep end again, as I got the demanding phone call from what sounded to be an unreasonale argumentative drunk.

Duress is another defense to the enforcement of a note.