Legal Question in Civil Litigation in Pennsylvania
Default on Promissory Note
I have a notarized promissory note for $6500 signed by myself and the borrower. There is also a contract signed by myself, the borrower, and a witness. It outlines the payment amounts per month over a period of 6 months to begin 10/19/05, and end on 2/19/06. He has yet to pay, stating he does not have the funds. What do I do next?
1 Answer from Attorneys
Re: Default on Promissory Note
Send a demand based on the terms of the note and demand response within 10 days. If no payment, sue now for what is -currently- owed. Do the same thing at the expiration date for the remained. Otherwise you're limited to common please court or stuck with the small claims limitations. By making 2 claims you can recover everything in small claims in two smaller bites.
Be warned, debtor may have no way to pay and could just as simply go bankrupt.