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Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My ex-boyfriend owes me $6720 and signed a promissory note agreeing to $100/mon. He has no

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My ex-boyfriend owes me $6720 and signed a promissory note agreeing to $100/mon. He has not paid in 90days. He just recently sent $50 and has made no further action to bring his balance up to date. Am I able to sue him if he is attempting to pay below the noted monthly payment? The debt was assumed in Florida but we both live in GA now. So, I don't know what state to list.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Since he has defaulted on the note, you can file suit against him to accelerate the entire note. Since you both live in GA, you will bring this suit in a Georgia court. The small claims court limit in GA is $15,000 so you can bring this suit in small claims court without the need to go to the expense of engaging an attorney. Filing the suit will give you the collection options and leverage that you need because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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