Legal Question in Credit and Debt Law in California

harassment, loans

I loaned my now ex-boyfriend a whopping $25,000. He dumped me when I wouldn't loan him any more. He wants nothing more to do with me and no contact whatsoever. We have a promissory note stipulating he'll pay me back in full plus interest when his mother dies (she's 92 and in a nursing home) and he's beneficiary of the trust worth about $500K.

My question is, would it be harassment if I sent him a statement each month of where he stands with the amount he owes? I'm afraid he'll file some sort of restraining order against me. He has already threatened to harm me if I hire an attorney to try and recoup my the loan sooner than when his mother dies...


Asked on 11/01/07, 1:47 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: harassment, loans

What are the terms of the promissory note and who drafted it? Contact me directly.

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Answered on 11/01/07, 2:59 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: harassment, loans

Continuing to contact someone after they made it clear that they don't want to hear from you can be a form of harassment. Communicating through legal counsel is probably the best way to avoid a restraining order against you.

What you should have done is get your own restraining order the minute he threatened to harm you. The longer you delay, the less likely a court might be inclined to grant you a restraining order against him.

Depending on the terms of the promissory note, you might be able to argue that he should be implied to repay you now because the assumption was that you would both be together. Of course, the issue if whether you could collect now instead of waiting until the passing of the debtor's mother passes would need to be decided by a judge.

Ultimately, the involvement of legal counsel should diffuse the situation and a negotiated settlement might be possible.

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Answered on 11/01/07, 3:14 pm
Larry Rothman Larry Rothman & Associates

Re: harassment, loans

We would have to look at your documentatioh, but it seems like you have a case. Should you need any assistance, please call us Monday as I will be out of town tomorrow.

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Answered on 11/02/07, 3:47 am


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