Legal Question in Credit and Debt Law in Maine
Personal Promissory Note
My first question is.. does a Promissory Note have to be filed with the court to be legal? It is signed and notorized, however the witness that signed it is the person granting the money?
Some background... My husband was responsible for the payment of a loan through his divorce. His ex-wife paid this loan off at the time of selling the house. She had him sign a promissory to pay the money directly to her plus interest.. He knew nothing about it and just signed.. Now we're wondering if it's even legal at all?
Thank you!
1 Answer from Attorneys
Re: Personal Promissory Note
To answer your specific questions regarding a promissory note, it does not have to be filed with a Court to be enforceable, although it likely will be filed as an exhibit to the Complaint for collection. It is also not necessary for a witness to sign a promissory note, so the fact that the witness in this matter was also the lender does not appear to be significant.
The heart of the matter, however, is the larger question regarding if the obligation to the former spouse is valid, and if so/not, how to best resolve the situation. Such an issue requires more analysis that should be done in this context, so I would encourage you to contact an attorney for further consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
