Legal Question in Credit and Debt Law in Florida

Re: Promissory Note Collection

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can sue her on the outstanding promissory note. Suit can be filed where the debt was due which is the county in which you live or in the county in which she lives. It will probably be much easier for you to sue here in Florida.

Scott R. Jay, Esq.

Re: Promissory Note Collection

I would use a Ill. attorney. Does she have assets to pay a judgment?

Re: Promissory Note Collection

There are advantages and disadvantages to suing in either Florida or Illinois. Suing in Florida will likely be easier for you and more difficult for her. However, once you get a judgment, domesticating it and then executing on it (assuming her assets are in Illinois) will be more difficult than if you had sued in Illinois to begin with.

Re: Promissory Note Collection

You can sue her in Florida and go to collect in Illinois.

Re: Promissory Note Collection

Sue her! If she has assets sufficient to satisy the judgment which you can obtain, it would be best to sue where the assets are located.