Legal Question in Civil Litigation in Massachusetts

Re: Pay Back

I can't quote you chapter and verse off the top of my head on this question, but a promissory note is essentially just an IOU, so a properly drafted IOU should serve the same purpose. Unfortunately, just the words "IOU $7000" on a signed piece of paper wouldn't be enough. Rather, the writing would also have to indicate that the borrower received something of value from you in return for the debt (even if it only stated the words "for value received from [your name]"), it would have to be dated, and it would have to be signed by the borrower. (Ideally, it would also indicate when payment was due to be made, but I don't think that would be absolutely necessary to make the IOU enforceable.) All that said, even if your IOU doesn't have these necessary features, you can still collect on this debt, if you're able to prove to the court that you and your ex-wife agreed that she would be indebted to you in that amount, that she got something of value in return as part of her bargain, and that she has failed to pay as she agreed.

Re: Pay Back

As long as you have her original signature and can prove she received valuable consideration it is enforceable.

Re: Pay Back

A properly signed IOU that speaks to the debt, and its acceptance is the first step. The next step is to enforce it. You can sue on the debt within a limitations span in District Court, and have the court render a judgment. Thereafter, there is always the issue of collection on the debt. Not all judgments result in collections.