Legal Question in Civil Litigation in Ohio
Promissory note not being repaid
I have a signed promissory note, lending money to a former friend and personal trainer. He has claimed I forgave it and he shouldn't have to pay. He received my small claims filing. Now he is trying to counter-sue me for unpaid training. I never signed any document saying I would pay for his training service. I trained with him from Febraury 2003 - March 2004, and now he wants me to pay for that time. He claims he agreed to train me for no charge three days/week. We trained 5 days/week and he wants me to pay $50/day for the other two days. That ended nearly a year ago and now wants to bill me. My promissory note requires repayment, but can he legally bill me for training services that took place nearly a year ago and I never agreed to pay in writing? Or am I better off to forgive the loan in exchange for his service? I never agreed to pay a dime, but not sure if an unsigned agreement for no payment can be changed by him.
1 Answer from Attorneys
Re: Promissory note not being repaid
Without seeing the note, I cannot advise you that it would be better to just forgive the note. If the terms of repayment were for training, then he is correct. I am sure that you did not expect that the training he gave you was free, so what do you owe him? He can counter claim for that money, the question is are his rates inflated?
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