Legal Question in Credit and Debt Law in Massachusetts
Promissory note/collecting unnemployment
I have a condominium and rented a room to a roommate. I did not ask to sign a lease. He did not pay the rent for the last six months and I had to ask him to leave. However, he signed a promissory note. When I was expecting to receive the first payment, he called me to say that he had lost his job and that was collecting unnemployment and that for that reason was not going to to make any payments until getting a job. I wrote the promissory note in his own terms (paying very little per month), I did not charge any interest, and even I did not include the last month of rent. Is there any way I can get him to pay me back?.
Thanks.
1 Answer from Attorneys
Re: Promissory note/collecting unnemployment
You will need to institute a court action to attempt to recover the money. If the amount is less than 2,000, you can file an action in Small Claims court. If over 2,000, you will need to file in District or Superior Court. After receiving a judgment, you will then need to attempt to collect the money or find assets to attach to satisfy the judgment. Based on the amount of money involved, it may be best to try to negotiate for voluntary repayment since you will extend alot of time and money to collect. You may want to consult an attorney to assist with filing the suit and collecting.