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Lawgirl
Lawgirl, Lawyer
Category: Legal
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Experience:  I am an attorney familiar with the above-stated subject matter.
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I am in Riverside California - I have a promissory that I want

Resolved Question:

I am in Riverside California - I have a promissory that I want to collect on - what is my first step?
Submitted: 3 years ago.
Category: Legal
Expert:  Lawgirl replied 3 years ago.

Lawgirl :

Do you know where these parties are? How much is the promissory note for? When did the promissory note become due?

Customer:

The note is for $37,000. Let me say that I was a paralegal for 30 years and am now disabled but never did collections. This is kind of a complicated story - where would you like me to start. I believe some very illegal things were done - my own sister engineered this - she is a mortgage broker and personally guaranteed that I would not lose my money but, as you can see, that promise evaporated. I have not spoken to her in over 2 years. I have no problem with notifying the authorities since I believe she deserves what she gets. I will not change my mind. I loaned the buyers of a home (at her behest) this money to purchase real estate in August 2008 and they defaulted on the property in October 2008 (I believe it was a set-up) no one defaults so soon. Her husband was the real estate agent (I have since found out that he has a criminal record) and that he forged loan documents for other deals as well. I looked at the Note and there are no terms designating a date that would run.

Lawgirl :

Thank you for providing that detail. To ensure that your statutory rights do not lapse due to time, it may be wise for you to file a Complaint in Riverside County ASAP for break of contract, fraud and whatever classes of action you deem necessary. You can contact the court or go to their website for the requisite forms.

Customer:

Can I turn over the note to a collection attorney??

Lawgirl :

With respect to whether to involve law enforcement, you can contact them to make a complaint; however, without concrete proof of fraud, it is likely that the police will tell you that this is a civil matter that requires court action and not necessarily a criminal matter. However, it is probably worth filing a report.

Lawgirl :

To sue on your behalf or to collect on the promissory note?

Customer:

My boyfriend is an agent for the DOA and I plan to report my sister and her husband to the FBI for mortgage fraud.

Customer:

I just need an attorney to collect on the promissory note since it is signed by the parties that made the purchase and I do not believe either have filed for bankruptcy .

Customer:

I meant DOJ.

Lawgirl :

You can try to engage an attorney to collect on the note; however, if neither party plans to pay you may end up suing them anyway. Keep in mind that there is a statute of limitations of 4 years on breach of contract and 3 years on fraud.

Customer:

Yes - I know. What would be the best place to engage a collection attorney?

Lawgirl :

The site prohibits me from recommending an attorney. However, the best plan to look for a collection attorney is through the California state bar. Given you criteria, they can recommend a number of attorney and then you can screen them at your convenience.

Customer:

Thank you very much for your help.

Lawgirl :

No problem. Best of luck to you!

Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience: I am an attorney familiar with the above-stated subject matter.
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