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I have a promissory note with an X boyfriend. Due to some financial…

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I have a promissory note...
I have a promissory note with an X boyfriend. Due to some financial hardship in the past couple of months, I have missed some payments but when that has happened, I paid the arrears on top of the normal monthly payment.
He is now demanding me to pay more than I can afford starting next month (July), saying that he does not believe I have a financial hardship (which I told him I will in the next coming months). He is the type to NOT believe me even if I show proof of my financial situation.
If we are to go to court, will the court set a payment plan that I can afford since he is unwilling to do so? I have been paying him and I am willing to pay my debt to him but I don't want to have to live in the streets because I can't afford to pay my rent.
Submitted: 3 years ago.Category: Legal
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5/29/2015
Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
The court is not going to settle on a payment plan unless he agrees. If the debt is real, the Judge will order it all paid lump sum. A payment plan is not a "right" in court, and unless the other party (i.e. the ex) agrees, the Court will give him a full judgment if he wins. I am sorry.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
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Customer reply replied 3 years ago
Thanks for the response! But if I can not afford the monthly payments he is demanding how with the court rule on that? Will they expect me to pay the full amount when I don't have the money? In the next few months, I will not be able to pay my rent. How can the judge force something when I just wont be able to pay the monthly amount he wants?Also, if a judgement is held against me, how will that play out? Will they garnish a percentage of my wages? Is bankruptcy an option?Thanks!
Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you for your reply.
But if I can not afford the monthly payments he is demanding how with the court rule on that?
If the judgment is not paid, the Plaintiff can do one or more of the following for satisfaction of judgment:
-levy a bank account;
-garnish up to 25% of a paycheck;
-lien a titled property; and/or
-attach and sell non-exempt assets of the Defendant to satisfy judgment. See here on what is exempt from judgment.
Will they expect me to pay the full amount when I don't have the money?
See above.
In the next few months, I will not be able to pay my rent. How can the judge force something when I just wont be able to pay the monthly amount he wants?
See above.
Also, if a judgement is held against me, how will that play out?
See above. Or, the Plaintiff can simply do nothing if they do not know how or run out of money to pay their attorney. Some Plaintiffs never bother to enforce judgment.
Will they garnish a percentage of my wages?
Yes - see above.
Is bankruptcy an option?
Yes. A bankruptcy will often void a judgment or reduce it to pennies on the dollar. See here to see how to major bankruptcy options play out.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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