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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 740
Experience:  Attorney at Drake Law Firm PLC
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I have a promissory note with my ex father n law to pay him

Customer Question

hello, I have a promissory note with my ex father n law to pay him back around $4500.00 that was supposed to go to my ex husbands owed taxes. My ex never used the borrowed money for the taxes and I feel I don't need to pay my ex father n law.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: ma
JA: Have you talked to a lawyer yet?
Customer: nope
JA: Anything else you think the lawyer should know?
Customer: yes my ex husband was suppose to sell the house by last December and has not
Submitted: 10 months ago.
Category: Legal
Expert:  DrakeLAW replied 10 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Did you sign the promissory note?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
Expert:  DrakeLAW replied 10 months ago.

Well, I don't see that you will have any legal way to get out of paying the note if he were to sue you. Perhaps you can recover against your ex-husband however. Did you actually get a divorce? If so, did the decree say anything about how the debts will be split and specifically this one?

Customer: replied 10 months ago.
we have a divorce decree that states all taxes are his responsibility
Expert:  DrakeLAW replied 10 months ago.

Does it say anything about other debts like this note?

Customer: replied 10 months ago.
I am responsible for the notes
Expert:  DrakeLAW replied 10 months ago.

Well that is unfortunate. I do not see any way to legally defend against the ex-father in law if he were to sue you. I understand the reasons why you feel you shouldn't be responsible, but I am sorry to say, that the court will not accept those as reasons to avoid being responsible for them. I am sorry about your situation, doesn't seem fair.

Do you have any further questions?

Customer: replied 10 months ago.
What about the irs or filing a claim against my husband that he is responsible for the unpaid taxes
Expert:  DrakeLAW replied 10 months ago.

Well, the decree already says the taxes are his responsibility right?

Customer: replied 10 months ago.
are you still there?