Legal Question in Civil Litigation in California

Re: Promissary notes

I assume that the promissory note explains that the payments are in exchange for some property or service you provided and that it is not simply a gift.

Because you don't already have a judgment, you have to obtain one before you can attach their wages. You can't just attach their wages based on the note until a court determines whether the note is enforceable.

You will need to sue for breach of contract; if you think they never intended to honor the agreement, you can also sue for fraud. Depending on the circumstances, you may have other causes of action available as well.

Hopefully, the note says that you can recover your attorney fees if you must sue to enforce the agreement. If not, and if the amount of the note is small, it may not be cost-effective to sue.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340

Re: Promissary notes

Mr. Hoffman is correct in his analysis. I write only to note that you will need a lawyer in your county. He is in L.A. I am in San Diego. You've got 2 of 58 covered.

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Re: Promissary notes

While the two previous postings are correct, if the amount is under $5,000

you have the option of Small Claims Court. This option

is much faster and less expensive. However, before

you institute any sort of litigation, it might be

worth it to have an attorney at least review the note.

Robert E. Drescher

Law Offices of Robert E. Drescher

23958 Avenida Crescenta