Legal Question in Civil Litigation in California

My wife and I signed a promissory note with my Grandmother who recently passed away. The promissory note says the my wife and I promised to pay the monthly payment of $500 until the loan is paid off. It has payment table with shows the number of payment to be made and fixed dates (every 15th of the month). There are no conditions just promise to pay and payment of table. Initially we have been paying $500/mo but then we decided to voluntary increase the payment to $1000 so we can payoff the loan early until we ran into fianacial difficulty so we started paying $500/mo per our promissory. Our uncle, which is the trustee is demanding that we pay $1000/mo based on his allegation that he has witnesses that we had a new agreement with our grandma which is untrue. How should we hndle his demand/protest letter? He gave us 5 days to response but the deadline already passed yesterday.Can you review my response letter? Thanks in advance for your help


Asked on 12/29/09, 8:57 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Write to him that the agreement was for $500, neither you nor your wife agreed to pay more, the parol evidence rule provides that a written agreement is a final agreement whose terms can be altered unless all parties agree to cancel the old and submit to a new sets of terms ad conditions. A verbal agreement to change a written agreement is voidable. That is true for precisely the facts you set out--two parties agree in writing to something, later one party claims a verbal modification, a judge is then supposed to decide who is lying. Also, tell him you want to meet these witnesses and see exactly what they have to say, as it probably will not really back up the story of a change.

After yuo received a response, you can see if you want anyone to review the letter you sent, and more importantly the status of the matter. You will likely have to pay someone to do so because one letter to the uncle will not probably not end the matter.

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Answered on 1/03/10, 4:58 pm


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