Legal Question in Credit and Debt Law in New Mexico
Promissory Note Legality
If I am being sued by someone who is using a modified, or altered promissory note as their basis to attempt to collect, what must I do to dispute the document, especially since they had a notary seal put on the document(copy) three years after the fact? The original note, which was paid, was never notorized and contains entirely different dates and numbers. What are the rules for them to prove such a note is legitimate, or for me to prove that it is not legitimate?
1 Answer from Attorneys
Re: Promissory Note Legality
This is the kind of question which is really inappropriate for this kind of forum. Defenses to collection actions tend to be highly individualized and fact-specific, and depend on the "totality of the circumstances". Any attorney would require much more information than is presented before forming anything approaching a reliable opinion regarding enforceability or satisfaction of these notes. You don't, for example, even state which jurisdiction you are being sued in.
I would highly reccommend that you consult as soon as possible with an attorney licensed in the jurisdiction in which the suit was filed. Because of the pending litigation and the complexity of the subject, that is a service for which you should expect to pay a fee.
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.
