Legal Question in Credit and Debt Law in Georgia

Sue Ex for Promissory Notes?

I have two promissory notes between myself and my ex. The notes were signed in July 2006 and have both been sealed, notarized and wtinessed. The total of the two notes combined is $13,375. There is a clause in one of the notes for rent which allows for future debt to be taken into account. I have not calculated the amount of rent that has not been paid since the notes went into default so the total amount due is greater than 14K.

I kept putting off suing him because we were supposed to be be married. He was also supposed to start paying me back when he became more financially stable. Now I realize that I was just being strung along and he had no intention of paying his debt.

What are my options to sue him for the money he owes? How much will it cost me to sue him? I don't have much but I know I need some money to start a lawsuit. I have copies of his bank statements and business income for the past few months since I was his administrative person in charge of keeping those records. With that, I can prove that he does have a viable income to start paying me back. Also, I know that he has recently signed up with PrePaid Legal - so I am assuming he will have some kind of representation...


Asked on 1/30/08, 9:22 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Sue Ex for Promissory Notes?

You may be able to sue him in Magistrate/Small Claim Court, without a lawyer. It may be worth a shot, but keep in mind that if you lose because you did not have a lawyer's advice, you may be out of luck. If he gets a lawyer and defends, you still have the option of hiring one yourself before a trial (before means well in advance, not a day or two before).

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Answered on 1/30/08, 9:37 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Sue Ex for Promissory Notes?

An attorney will be able to give you better advise regarding your options if they have access to the notes and other pertinent information. The amount that you stated is very near the limits of what can be pursued in small claims court. You may go over the limit depending on the amount of the additional funds that you may be entitled to seek. You may also be entitled to court costs, attorney fees and any other costs of collection.

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Answered on 1/30/08, 9:58 am


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