New Loan Paper invalidates old one?

[nearSacramento1]

i am in california

i personally drew up a paper verifying that i owe a friend 26 thousand dollars. it was a simple paper and stated that if i die it's to be paid back out of my estate, etc.

i had it notarized (they didn't sign, just me) and gave it to her.

i want to redraw the paper up, with a new loan amount, becuase i just found out that she has been using my pin and debit card to make purchases. it does not total anywhere near the 26K, and i don't want to stoop to her level or pull a judge judy "i don't owe her the money anymore cuz she wasn't nice to me", but i want to subtract the money she stole and even add a little for pain and suffering and my overdraft fees, and put a new amount, get it notarized again, and state "this loan paper supercedes and invalidates all previously dated loan papers" or something like that.

Is this sufficient to invalidate the old paper? ALSO, If i cannot get my hands on the first original one, does it matter if she still HAS the first paper in her possession? i know it would be better if i could find and destroy it, but not sure she is stupid enough to leave it in easy access in her file drawer in her desk where i can come in and get it. she does not know that i know. she thinks that i think it's all a big mystery, doesn't know the extent to which i know what she did.

thanks

near Sac

 

[quincy]

Because your friend never signed any notes or loan paper agreements, your friend has not agreed to anything regarding the $26,000 owed. Your signed and notarized note to her is really only good to show your acknowlegment of the debt, and not that she agreed to collect it from your estate should you die (although she can certainly use it for that purpose). She can try to collect from you the amount owed her at any time, or she can sue you for the amount owed at any time - with your notarized paper showing the amount of the debt and your acknowledgment of it.

Any form you draw up now, with or without interest, with or without amounts added for "pain and suffering", will have little legal meaning in a court. You need her signature and her agreement with the terms to make it valid.

Trying to find the original "loan paper" among her personal possessions, in order to destroy it, would be theft. Not a good idea.

As for the purchases made by your friend using your debit card and pin number, you could sue her for the amount - however she may then decide to collect on the $26,000 owed her by you at the same time. I suggest you change your pin number and get a new debit card issued.