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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3060
Experience:  Civil litigation attorney for individuals and businesses.
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Hello: I have prepared

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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
Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal question today. Please give me a moment to review your post.

William B. Esq. :

Dear Customer, I believe that it may be easiest for me to describe how promisory notes work in general, and then address any specific questions you have following that as your question has multiple subparts that I believe can be addressed in a broader description. But please do not hesitate to follow up as I want to ensure you get as complete a response as possible.

William B. Esq. :

A promissory note may include a "choice of law" clause which means that the parties decide which state's laws they will use in interpreting the terms of the contract. For example, if you want to use Florida law to interpret the contract, regardless of which state any lawsuit to enforce the contract is brought in, you can state that "this promissory note shall be enforced under the laws of the State of Florida" in a section entitled "Choice of Law".

William B. Esq. :

To decide where you will sue the debtor in the event that they fail to pay, you have a couple of options. You can sue where the contract is entered into. Meaning, if you sign and enter into the contract in Florida, you may sue in Florida, in the County where the contract was entered into. If you entered into the contract in Louisiana, you may sue there. (If the contract is signed in counterparts (mailed or e-mailed between the two, you must designate which county it is deemed to have been entered into, Florida or Louisiana, as part of the contract language). You may also sue where the Debtor is living at the time that you file the lawsuit.

William B. Esq. :

To get a debt such as a breach of contract or failure to pay a promissory note on a debtor's credit history, you must file a civil lawsuit for breach of contract. Once the lawsuit is on the Court Docket, it will become public record and the credit agencies will be able to search the docket and include the claim on the credit report.

William B. Esq. :

After you get a judgment in your favor on the breach of contract for failure to pay on the promissory note, you may take judicial enforcement actions to recover your money (wage garnishment, bank levy, property liens, personal property levies, and receive orders for examination of the debtor).

William B. Esq. :

I hope that this is of assistance, if you have more specific questions regarding your situation please let me know.

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.


Thank you for all the information. I am still in a quandry as to the matter of which State to list in the promssory note since this person is highly likely to move from state to state due to the nature of his business. Even if he stayed in Louisiana, it would be burdensome to file a claim there since I live in Florida, for one. I guess my question is, does it really matter which State I may file a Breach of Contract? It seems not if, in the end, I get a judgment. Also, does filing such a claim require any court appearances by me or the debtor? (he would probably not show up anyway but with this person, one never knows). Thank you. I will defintely give you a good rating but didn't know if I could still ask you questions if I did that first.

Expert:  William B. Esq. replied 1 year ago.
Most creditors in this type of situation will see if the debtor will consent to jurisdiction in the creditors home state (put in the contract that it is agreed to have been entered into in the creditors home state, and that jurisdiction will only be in that state's courts (Florida).
For this type of clause it is usually a good idea to add a spot for initials by both parties.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3060
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 14 other Legal Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.
(I will continue to answer your follow up questions even after you rate my service).

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