can someone help me get someone to pay as promised?

[johnlegal]

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

I sold a restaurant to a woman for $150,000 about 2 years ago. I partially owner financed the sale. I am in second position and the bank is in first as she pays back the loan. The total remaining owed to me is about $25,000. The total remaining to the bank is about $100,000. It has been like pulling teeth getting her to pay at all over the past year or so. She currently is over 2 months late. According to our contract I can take legal action after 40 days. If I cannot get paid I wish to stop dealing with her and file a judgment against her and the restaurant. This might push the bank to do the same. She is the same amount late on payment to the bank. I guess I would like the court system to help!
John

 

[JETX]

I guess I would like the court system to help!

Sounds like a plan. Contact a local attorney who can help you to get the 'court system' to help.

 

[Zigner]

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

I sold a restaurant to a woman for $150,000 about 2 years ago. I partially owner financed the sale. I am in second position and the bank is in first as she pays back the loan. The total remaining owed to me is about $25,000. The total remaining to the bank is about $100,000. It has been like pulling teeth getting her to pay at all over the past year or so. She currently is over 2 months late. According to our contract I can take legal action after 40 days. If I cannot get paid I wish to stop dealing with her and file a judgment against her and the restaurant. This might push the bank to do the same. She is the same amount late on payment to the bank. I guess I would like the court system to help!
John

As your attorney will tell you, you don't "file a judgment" against her. You sue her in court and (hopefully) obtain a judgment from the court.

 

[Rexlan]

It will cost you more to prosecute than the value of the debt. Sit and wait for the bank to foreclose on the debt ... takes about 2 years.

 

[bluescat]

It will cost you more to prosecute than the value of the debt. Sit and wait for the bank to foreclose on the debt ... takes about 2 years.

I wouldn't recommend what Relan said in the previous comment.

If you can't afford a costly attorney they're are many volunteer lawyer groups out there, try to find one in your area. You can go to the court house and ask for information on the subject.


Let me know if this helps?

 

[JETX]

If you can't afford a costly attorney they're are many volunteer lawyer groups out there, try to find one in your area.

There are NO 'volunteer lawyer groups' that will represent in a CIVIL matter.

You can go to the court house and ask for information on the subject.

Yeah... and you will be told to "hire an attorney". Court staff cannot give legal advice (unless they actually ARE an attorney... and then, you can bet it wouldn't be 'free').

[

 

[bluescat]

There are NO 'volunteer lawyer groups' that will represent in a CIVIL matter.


Yeah... and you will be told to "hire an attorney". Court staff cannot give legal advice (unless they actually ARE an attorney... and then, you can bet it wouldn't be 'free').

Please follow this link:

Volunteer Lawyers' Project for the Southern District of Florida


It's from the volunteer lawyer project. If you scroll down to.

PROJECT MAY BE ABLE TO HELP YOU IF:

You have filed a civil lawsuit

It clearly states that they represent clients in civil suits.

These are free lawyers that either maybe unemployed or wish to touch up on law free of charge.

Tell me if this helps?

 

[racer72]

Please follow this link:

Volunteer Lawyers' Project for the Southern District of Florida


It's from the volunteer lawyer project. If you scroll down to.

PROJECT MAY BE ABLE TO HELP YOU IF:

You have filed a civil lawsuit

It clearly states that they represent clients in civil suits.

These are free lawyers that either maybe unemployed or wish to touch up on law free of charge.

Tell me if this helps?

The OP is in New Mexico. The place you linked helps folks in Florida. Your post is useless.

 

[JETX]

Please follow this link:

Volunteer Lawyers' Project for the Southern District of Florida

Last I looked, Florida isn't in New Mexico....
And Florida law (or lawyers) have no standing in New Mexico.