Legal Question in Family Law in Massachusetts

divorce- promissory note

I got divorce in April 2008. My ex-husband, as a part of the divorce settlement, gave me a signed promissory note which is recorded as a lien against his house. In this note he stated that he would pay me $10,000 in one lump sum before January 21, 2008. After that day 7% /per year interest will apply

Is there a way I can get the money from him earlier, or do I need to wait till he sells the house or when he decides to pay me? How long can he delay the payment for? As far as i know he does not have any money. Can I expect the money from him at all in that situation? Is there any legal action (other than the promissory note) I can take to make him pay?


Asked on 9/27/08, 4:09 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: divorce- promissory note

january 2008 is over. Did you mean 2009. it depends if the note has a call provision. From what you described, assuming it is 2009, you may not even be able to collect after 1/21, unless there is a default provision. If there is no default provision, you should ask your attorney why?

If you need help contact me.

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Answered on 9/27/08, 8:44 pm


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