Legal Question in Credit and Debt Law in California
unsigned promissory notes-any recourse?
I have two promissory notes sent via email, with many emails written back and forth, between the borrower and myself(the lender), about the validity of said promissory notes. i have written acknowledgement of debts owed sent via email from the borrower agreeing to the debts and agreeing to responsibility for the debts. what i do not have is an actual notorized promissory note.
i have a year of emails regarding said debts. would this be enough to take the debtor to court in order to recoup what is owed? do all the emails constitute a verbal/written agreement that is binding in court? do i have legal recourse without the signed, notorized promissory notes?
thank you in advance for your assistance.
4 Answers from Attorneys
Re: unsigned promissory notes-any recourse?
Yes, you most likely have recourse, but file suit, just in case, as if it was oral contract (that is, file it within 2 years).
Joel
Re: unsigned promissory notes-any recourse?
An unsigned contract is enforceable in California. Call me directly at (619) 222-3504.
Re: unsigned promissory notes-any recourse?
You can sue for breach of an oral agreement. The evidence you have will support your claim.
Re: unsigned promissory notes-any recourse?
in a nutshell, so long as you have proof that you actually supplied the consideration at issue (the money owed to you) to the debtor, along with sufficient written memorandum (acknowledgement of said debt owed, terms, etc..) by the debtor in his/her emails back and forth to you, this should be enough evidence that an actual written contract between you two did in fact exist. thus, your claims would be actionable in a court of law in this event, based on the facts given so far.
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