Legal Question in Credit and Debt Law in District of Columbia

When I divorced in April 2008, my ex-husband signed a promissory note that was notoraized and merged with the divorce decree. This promissory note was for $36,000 and said that he would start paying in April 2008 in installments of 1000.

He has not made any payments since the divorce, but unfortunately, there was no penalty clause in the promissory note since I thought it was unnecessary since the agreement was being merged with the divorce decree and I assumed he would pay on time.

I think I will need to take him to court. However, in court, would the judge still rule in my favor and pose an interest on the defaulted amount, enforce him to pay the amount already owed, etc. or I am in bad shape since I didnt add to the promissory note the penalties of default? Will I end up having to renegotiate the contract with him through the lawyer or will the law be on my side sfor him to at least pay back payments since he defaulted?

Please advise.


Asked on 12/03/09, 1:58 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

The law is on your side when you present evidence to prove the elements of your case. In this case, you can file a motion for contempt, the court will probably grant you interest and may accelerate the note based on his breach of the contract.

You don't have to renegotiate the contract.

If you need additional information please contact me.

Also licensed and practicing in Washington, DC

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Answered on 12/08/09, 2:13 pm


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