Florida  |  Credit and Debt Law

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7/13/10, 7:50 am

Legal Question


I live in Florida.

Last month my husband and I bought a 2005 Prius from a twenty-something girl who wanted to use her boyfriend's diesel car as her primary form of transportation.

She wanted 9,500 for the car.

We gave her a cashier's check for 5,000 at the time of initial purchase and I drew up a little document that both she and my husband had notarized.

That document is as follows:

Installment Promissory Note

For value received, the Borrower hereby unconditionally promises to pay to the order of Lender the sum of $5000 in the form of a cashier check June 23rd 2010 towards the total sum of $9500.00 owed.

Payment Terms

Borrower will pay monthly payments each at uninterrupted monthly intervals no later than the 30th day of each month, starting on the 1st day of August 2010 until January 30th 2011. At this specified time (01/30/2011) the Principal amount will have been paid in full. All payments shall be applied to the Principal amount.

Prepayment

The Borrower may prepay this Note in full or in part at any time without premium or penalty.

Place of Payment

Payment shall be made at the above stated address of the Lender or at such place as may be designated from time to time by verbal agreement of the Lender or holder of this Note.

Acceleration of Debt upon Default

If the Borrower fails to make any payment when due for whatever reason and the Lender provides notice of such failure, the Borrower must effect payment of the amount due within 30 days, failing which the Lender can demand immediate payment of the entire outstanding Principal amount.

Collection Fees

In the event of default this Note may be turned over for collection and the Borrower agrees to pay all reasonable legal fees, collection and enforcement charges to the extent permissible by law, in addition to other amounts due.

Security

This is an unsecured Note.

We have the title of the car in our name and she has 5000 and this notarized document.

I now can not get in touch with this girl. I've tried calling, e-mailing, texting and she does not respond.

I want to make a $500 payment to her and I don't know what to do.

What if I can't get in touch with her? Will she be able to file a claim against us even though I'm trying to pay her?

Thanks in advance!

PriusLover

BTW - The car is really awesome


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