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Legal grounds on a promissory note

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B

Blown away

Guest
I have a promissory note from money loaned to an ex-boyfriend, we were dating at the time.( Big mistake!!! ) It is not notarized due to the fact that I could not get him to go that route without him saying if you take me to a lawyer I will file bankruptcy. So I had him sign the note to at least have him acknowledge he owed me the money and that I would have it in writing. ( unfortunately, it is for just lessthan 1/2 of what he owes me) Anyway, we made a verbal agreement on the amt to be paid and the date it was due to me. He has made payments up thru the month of April. Mays due date has now passed by 6 days. And in that time period he has emailed me saying that he would be by on a certain day and I dont have it. I have been documenting the dates and times of calls and I have been copying the emails and locking them away. Is there anything recourse for me at this point with the note or is it worthless to me? There is more involved with this but it all could hinge on the possibilties of just this. By the way the money loaned was an inheritance from the estate of my parents who both passed away a month apart from each other. Different circumstances for each.
 


JETX

Senior Member
Congratulations for at least having the forethought to get your agreement in writing. You are already WAY ahead of most of the people who post here.

Depending on how it is written, it could be a complete proof of the loan, or at least a partial proof to be substantiated with your other documents (emails, etc).

In either case, you can certainly file on him in your states small claims court and will probably get a judgment. However, considering that he has already threatened bankruptcy once means to me that he has other problems. And the total of those problems may make your judgment very hard to enforce.

Your call...
Go after the deadbeat and haul his ass to court, with the possiblity that he won't pay; or stand aside with the reality that he won't pay.
 

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