Legal Question in Civil Litigation in California

Promissory Note not paid by Borrower

I have a signed Promissory Note for $24,000, past due. Gave the borrower extended time, she was waiting on monies due her.

She received her money, more than enough to pay me. She called

told me there was a hold at the bank on the check. The hold is up and she won't pay now. Question: Do I need to go to Court?

How do I go about taking care of this problem? Thank you for any information you can give me.--name removed--


Asked on 5/15/06, 8:04 pm

5 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Promissory Note not paid by Borrower

The simple answer is yes -- if the borrower refuses to pay, you will have to go to court, file a lawsuit, and eventually secure a judgment against her.

I specialize in collecting money from people who refuse to pay their bills. Feel free to contact me if you would like to discuss this further.

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Answered on 5/16/06, 6:29 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Promissory Note not paid by Borrower

Yes, you'll have to sue her for breach of contract and possibly fraud (if she never intended paying you back). Good luck.

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Answered on 5/16/06, 6:39 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Promissory Note not paid by Borrower

Unless the debtor voluntarily pays, you will need to file a lawsuit and obtain a judgment to force her to pay.

The key to collecting any judgment is finding assets that you can have seized to pay the debt. I do a large amount of debt collection and have relationships with investigators that allow me to successfully collect money for my clients. Feel free to contact my office for a free consultation.

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Answered on 5/16/06, 6:58 pm
Terry A. Nelson Nelson & Lawless

Re: Promissory Note not paid by Borrower

If you can't force payment, then you will have to sue. Just having an attorney threaten such action should change her attitude, and that won't cost much to do. Feel free to contact me to discuss the details and costs.

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Answered on 5/16/06, 8:05 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Promissory Note not paid by Borrower

You need to sue her! I can handle this case for you at a discount rate. Give me a call for a free consultation.

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Answered on 5/17/06, 3:21 am


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