That means that upon nonpayment, the entire amount of the promissory note is due immediately. That's how mortgage companies foreclose on houses. Otherwise, they could only go after individual payments at a time, because "future" payments would not yet be due. A promissory note is a series of payments that are due. So in essence she could sue for each payment individually, and that is a common tactic in small claims actions. This is not a "necessary joinder" of claims situation, in that she doesn't have to sue for the entire amount. She could sue for payment # ***** then another case for #6, and so on. If she accelerated the loan, she would have to sue for the entire amount all at once, otherwise waive it. Or if each payment was, say, $20,000, she could only sue for the amount allowed in small claims (otherwise she'd have to bring a case in regular court) and waive the rest. But she can sue for each payment. That being said, you can certainly contest any fees and costs in addition to the amount owed. And if you have a case for breach of contract
on her part, you can countersue. But the debt doesn't go away, and the remainder of the loan would still need to be paid, I'm sorry to say. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!