Hello: I have prepared a Promissory Note for a man who owes me about $17,000. However, that includes a prior Note he signed. The current one is for $11,454. In the note, it says, in essense, that he's "...signing according to the laws of the State of Florida...." I live in Florida and he currently lives in Louisiana. I have two questions. The first Note has not been paid in full. It will be in default in September. Can this be filed with a court and if so, which court (FL or LA?) and do I need to file some kind of Notice of Default
pleading? How will this Note become evident (if at all) if he, for instance, applies for a loan
to buy a car or an application to move into an apartment complex?
Second Q: Since he lives in LA butcould move to any state at any time due to the nature of his business (commercial film director), may I legally add to the note the language: "...according to the laws of the state of Louisiana or any State within which the signor may be residing...?" I doubt he will be able to pay me in full under the time limit I will list in the Note (3 years) so I would want to file it with a court and hope it becomes evident to any institution that involves a background check. Would that Note show up? How do I create a public record that will be locatable, in other words?
What other legal remedies are available to me, if any? I just want to be sure I can file thrse with a court so it's going to be noted. This man has made little effort to pay me and his job record is not good, though he is an award winning commercial director. He is relying upon a paymout he will supposedly get from some kind of actor's guild, even though he hasn't been active with payment. But he did contribute to it for 15 years and so there is an amount accruing interest. He won't pull it out for 7 years and I feel sure his X-wife and perhaps another entity will already have this money earmarked. He thinks he will get the check and then report it as income to IRS at "tad time." I think the IRS will already have it earmarked the moment he is paid out. He thinks he will have "time" before the IRS knows about it and by then, will have set aside enough to pay taxes on it since by then, we all hope he will have been gainfully employed. I think he is counting on that money to pay me back then. At the age of 67, I am unwilling to wait 7 years and would like to somehow make it perfectly clear and visible with the courts