Legal Question in Credit and Debt Law in New York

Re: Promise to pay money

You can commence an action for breach of contract, or breach of a promissory note.

Under your calculations, the amount owed is significant and cannot be litigated in a small claims court. Therefore, you may want to contact an attorney for representation.

Mike.

Re: Promise to pay money

That us not a question that can be properly answered with the information you've provided. But, I will try. $100 x 52 weeks is $5200 x 5 years is $26000 dollars. That's approx half of the bills that have accumulated over the last 12 years? Is that a correct figure? If your ex is not cooperating, you are going to have to pursue her in court. First order of business is to have an attorney look at the notarized document and determine if it is enforceable in court. There must be consideration (value given) in return for her "promise" to pay for half of the bills. The words of the paper must say the right thing or the court won't find any legal basis that would force your ex to pay. For instance, if the agreement does not talk about what can happen if she does not pay, and she is only supposed to pay $100 a month, you may not get a court to give you more than what she was supposed to pay so far...how much do you owe right now? How much was she supposed to pay as of today's date? Without an acceleration clause in the agreement you may not be able to get future payments...Better to learn that now. What bills are covered by the agreement? All bills? Medical? Credit cards? Are they listed? Who says which bills are included if the agreement doesn't describe them? I am guessing that all the bills are currently in your name...other wise you would not need a notarized document. If your document evidences an enforceable right against your ex, you may end up with a money judgment against her, but unless you can find out where she has assets (and who knows that better than you) the judgment is worthless...so you have a lot of things to think about. Is the agreement worth the paper its written on? Can't tell from here.