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Legalease
Legalease, Lawyer
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Experience:  15 years exp all aspects of general law
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In the state of California is a promissory note signed by my

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In the state of California is a promissory note signed by my boyfriend promising to pay me back money borrowed from me over the last year for various things. He also totaled my uninsured car and subsequently I was found to be responsible for $4500.00 for the damages to the other vehicle involved. I could not pay at this time so my license was revoked. I know that it's my own fault for many reasons and I have learned many lessons from all of it but he claims he is going to pay me back for all of it. I want to know how I can hold him to that. This concerning upwards of $30,000.00 dollars give or take a thousand. I am a single mother on unemployment . $30,000.00 is a lot to me considering I only make about around $24,000.00 per year. He is willing to sign a contract. I just don't want have him sign something and have it notarized only to find out it won't hold up in court because of wording or stipulations.

Hello there

 

He can give you a written promise to pay on a cocktail napkin and it will be enforceable in a court so long as it includes: The parties, the date of the note, the amount owed, any interest charges (if there are none then simply either do not mention it or state "0"), the dates any payments are to be made, the date the note becomes due (payable in full), and the signature of the person making the note. You do not need any witnesses or a notary signature block on a note for it to be enforceable. If he fails to pay you can sue him in court and ask the court to garnish wages, bank accounts and put liens on property. You can pursue the matter in small claims court for up to $7,500 and you can get the paperwork on line and pursue the case without an attorney if you use small claims court -- so you might want to see if you can break the money that he owes you down into a few notes of around $7,000 each -- and so you can pursue the matters separately against him in small claims court if he does not pay each or all of the notes.

 

I hope that helps. Please let me know if you have more questions -- if not then I would appreciate it if you would press the accept or submit button underneath this answer box to pay me for my time. THANK YOU !!!

 

---MARY

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