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MShore Law
MShore Law, Attorney
Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I have a signed/notarized promissory note by my ex-husband

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I have a signed/notarized promissory note by my ex-husband stating that he will pay me 20 thousands dollars back that he owes me and it goes into detail about the monthly payment amount ($1000/month), and interest accrual etc. Over a year ago, he told me he needed to stop paying for a few months because he was having some financial problems. It's been over a year and he still says he cannot pay anything. I don't think he will ever pay this money back. He still owes me 10 thousand. I don't want to have to pay an attorney thousands of dollars to get involved. What are my options?
Submitted: 4 years ago.
Category: Business Law
Expert:  MShore Law replied 4 years ago.
Thank you for the post, your option is to file suit against him for breach of contract to compel compliance with the promissory note.
Customer: replied 4 years ago.
Oh by the way, he lives in New York now and I am in Florida. Does that make a difference? How do I go about filing suit? What do I have to do specifically? Will this be an easy win in court typically?
Expert:  MShore Law replied 4 years ago.
Hello, you would have to file suit in NY if the lien was not executed in FL or did not specify the FL would retain jurisdiction over dispute. In any event, it should be an easy win for you as you describe the promissory note as sufficiently specific so as to be enforceable.
Customer: replied 4 years ago.
It says "This Note will be construed in accordance with and governed by the laws of the State of Florida"
Expert:  MShore Law replied 4 years ago.
Great, does it also say that any dispute will be resolved in FL or that FL retains jurisdiction?
Customer: replied 4 years ago.

It does not specifically state that. It only states what I put in my previous reply to you

 

 

Expert:  MShore Law replied 4 years ago.
ok, you could still file suit in FL, especially if it was executed in FL. It is implied that FL retains jurisdiction.
Customer: replied 4 years ago.
So I just walk into the courthouse and say I want to file a lawsuit and I will be directed from there?
Expert:  MShore Law replied 4 years ago.
No, you would have to draft your own complaint and file two copies of it with the court clerk.
Customer: replied 4 years ago.

Is there a certain format or form I need to use to draft the complaint?

Also, I faxed the Note from Florida to him in New York. He had it notarized there and faxed it back to me. So it's still good to go in Florida?

Hopefully this is my final question. Please be as specific as possible. I don't want to make an unnecessary trip to the courthouse or be unprepared. I want to go there with whatever I would need to get this started.

Expert:  MShore Law replied 4 years ago.
Thank you for the additional information, the note was actually executed in NY and since he resides in NY you would have to file there in the district court for the county he resides in.

Here is a sample complaint for breach of contract for your reference: http://www.agulnicklaw.com/new_york_litigation_forms_attorney_ny/lawyer_attorney_litigation_breach_of_contract_fraud_attorney_new_york_ny_city.html
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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