Legal Question in Credit and Debt Law in California
Promissory Note
I sold my half of the business to my partner and have a Promissory Note from her but now the term is up and she's not willing to pay. She wants to continue paying the interest only until she can comes up with the money. What are my options?
3 Answers from Attorneys
Re: Promissory Note
If she is not going to pay, your only option may be to sue her to get paid. I specialize in lawsuits of this type; if you would like to discuss this further, please feel free to contact me.
Re: Promissory Note
Depends upon the balance. If it's $7500 or more, you can sue in Superior Court; if less, then sue in Small Claims.
As long as the debtor is paying something (interest or otherwise), then you don't have to worry about the statute of limitations passing by.
There is no requirement that you take less than you are entitled to. Absent a written agreement to the contrary, there is nothing preventing you from suing now, obtaining a judgment, and the executing on the judgment.
We are judgment enforcement specialists and do this all day long. If you need help, call or email.
Re: Promissory Note
Once the due date has passed for a payment, then the total amount generally becomes due and payable. If the note is secured, there can be foreclosure of the security and action for any deficiency. If the note is unsecured, then a normal breach of contract action can be filed. If the debt is business related, sometimes a pre judgment attachment can be applied for from the court. Please call me if you have any questions.