Legal Question in Civil Litigation in California
promissory note
I made a loan to my son and his wife using a promissory note. How can I collect? What kind of attorney do I need?
3 Answers from Attorneys
Re: promissory note
With a promissory note any attorney can handle it and you might be able to do it yourself. If it is for no more than $7,500 you can sue in Small Claims Court. Unless they can claim that you owe them some money or that it was a gift, which they might do [you know their character] it should not be difficult to wlin. The problem is then collecting, as as a practical matter you can get only little from any wages earned.
What effect will your suing have on your relationship with them? If you need the money that much and them will be heirs under your Will, or better Trust, take that sum and some additional amount out of his share and say why. It may not be worth the emotional strain and alienation to sue and try to collect.
Re: promissory note
You will need an attorney who handles collection cases. Did the note require payments or a full payment upon demand? We would have to review you note and any correspondence to assist you further.
Re: promissory note
Well, I am a collection attorney. So I am perfect for you. Email me.
You need a copy of the signed promissory note. It is very helpful if you know where they are, what their assets are, where they work...
A key is the amount of the promissory note. If it is under $7,500 you can sue yourself in small claims court. If it is between $7,500 and $25,000 it is a limited jurisdiction case. If it is over $25,000 then it is an unlimited jurisdiction case.
These things help determine which court you would file the lawsuit in.