I'm being sued in Chicago by my mother in law for a loan,the promissary note was notarized in Cincinnati im not a frequent vistor to her state but yet i still have to travel to Chicago. Is this legal? How do i fight this im not refusing to repay the loan i just feel its to early according to the promissary note.
Country relating to Question: United States
State (if USA): Ohio
MORE INFORMATION NEEDED.....What was the original amount of the loan?How much does the lender claim to be now due and owing?Does the promissory note provide for interest on the unpaid loan balance? If so, what is the interest rate?What are the terms for repayment as specified in the promissory note?Have all payments due under the terms of the note been paid IN FULL and ON TIME?:Was the Summons and Complaint served on you in Illinois? (There may be a jurisdictional problem if it was note.)
The amount is $5000.00, no there is no interest rate the terms were completion of nursing school and 2 years of secured employment. Which I completed nursing school in 2010 the promissory note was notarized in 2007. I was summoned by certified mail in Cincinnati,Oh. After a payment plan was sent hand written which i agreed on to start in 2013, also the plantiff ask me to respond by mail or she would sue me I responded an she still filled breach of contract.
OPTING OUT....Your situation calls for case-specific analysis and legal advice, rather than simply general legal information. You need to confer directly with an Illinois lawyer who specializes in defending creditor-debtor lawsuit. lt would be unfair to you, and unprofessional of me, were I to do that through this website. I hope you understand.
Relist: Inaccurate answer.
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I'm being sued in Chicago by my mother in law for a loan,the promissary note was notarized in Cincinnati OK, this may mean that your contract was executed in OH.
im not a frequent vistor to her state but yet i still have to travel to Chicago. Is this legal? Legal, yes. However, when we believe that the court the case was filed in does not have personal jurisdiction over us, we can file a motion to dismiss based on lack of personal jurisdiction. You may want to delve into that possibility.
How do i fight this Amongst any other defenses you may have, 1) seeking a Dismissal based on lack of PD, as noted above and/or 2) Showing that the breach has not yet occurred. You may be able to file a motion for Summary Judgement (should the dismissal not be successful) on the issue of breach, which is necessary for her to win, and which her evidence, the contract, disputes.
im not refusing to repay the loan That is good.
i just feel its to early according to the promissary note.Yes, you are saying you did not breach. That is a valid defense on the merits.
Optional Information: Country relating to Question: United States State (if USA): Ohio
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