Promissory Note and a Lien
My question involves collection proceedings in the State of: California.
For various reasons including disability (pending workers comp claim) I supported my grown son from approx. 24 to 37 yrs old. It was financially devastating and eventually, after 12 yrs of a comp case still not settled, I filed and had my lien accepted for daily support reimbursement. Approx. 3 yrs ago I cashed in a w.c. lifetime payment of my own (I am terminally ill and on SSDI) because I was down to nothing in cash reserves. At that time my son signed a promissory note, it is also notorized, assuring me he'd repay me this amount of money with monthly payments equal to what I lost in my lifetime payments by taking a cash settlement.
He repaid it with his SSDI for about a year, then married, decided he didn't want to pay anymore and stopped. I confidently took this to small claims court where his w.c. lawyer showed up as a 'friend' since no lawyers were allowed and started talking legalese - apparently claiming my w.c. lien included the sum in this promissory. Which it does not.
Months later, after losing my home of 12 yrs because I couldn't pay the rent or bills anymore, the court decided he owes nothing. No reason. No explanation.
Fortunately (?) this was only a judgment on my claim for the 2 or 3 months he was behind on the payment schedule of the promissory. I believe from what I could understand going on in legal speak that the judge refused to rule on the note, just the immediate issue of late payments.
Multiple sources insist I file felony complaint for elder financial abuse, but I don't meet the age requirement. I have recently been told to get my long term med care in place which means I'm worsening quickly (one heart attack already). That promissory IS my long term medical care.
We're talking $65,000 on that promissory and a separate lien of $90,000 which I've offered 1/2 on contigency to any lawyer who will help me, but everyone wants cash for me to just hobble into their office. Help?
Re: Promissory Note and a Lien
does your son even have the money to pay should you win?
Re: Promissory Note and a Lien
Not enough to pay in full, but he and his new wife are living with her parents in a paid off home. He has more than enough coming in via his SSDI to cover the monthly payments and have some leftover for himself. Plus, the two of them have a cake making business that in a week often earns enough to cover the monthly payments to the promissory. He knew his income when he signed it. If anything, his expenses have gone down and income (now including his wife's) has gone up.
Re: Promissory Note and a Lien
Aww come on - no one going to step up? It shouldn't be that hard to answer, right? To be even more clear, in the months since he stopped repaying on the promissory he and his wife have tucked away a few thousand dollars. She's collecting high end unemployment while working a lucrative home business off the books. They aren't smart enough to hide the bank account though, so... anyone? I just want to know if I can enforce this promissory or garnish the income to the bank account or heck, even report this to the credit agencies as a bad debt which might force him to pay at least something.
Re: Promissory Note and a Lien
you aren't going to garnish the SSDI or unemployment. Depending on how the business is structured you may or may not be able to garnish anything from there. Unless you are a subscriber to the CRA's you aren't going to be able to report anything to there. A judgment will likely be reported.
Your sons debt to you is not also his wifes debt. Her separate money is not available to you for his separate debt.
Of course, if they file bankruptcy, you won't get any of it anyway.
Re: Promissory Note and a Lien
-- Which brings me back to my initial question: How do I enforce the promissory? I'd be happy with just a judgment. I'm aware I cannot lien his SSDI or anything of 'hers' (the business is not licensed, registered, etc. which is why she's collecting unemployment), but I can garnish the bank account with my son's name on it and let them legally fight that. Chances are very slim that he'll file bankruptcy and absolutely non existent that she will.
So again, my original question is and was: How do I enforce this promissory, at least to get to the next step (judgment). This note was done 'perfectly', notary, a set amount of full amount owed, a payment structure spelled out and even a specific start date. What's the point of doing everything right if I can't enforce it?
And if anyone out there is a lawyer in the Sac area of CA, I'll give up 40% of whatever is recovered, PLUS the same percentage on a completely separate lien I hold on his comp case.
Re: Promissory Note and a Lien
she doesn't have to file BK because this isn't her debt and unless they commingle funds, her money is out of your reach. Unless he has income from some source you can attach, there is nothing you can take from based on what you have posted..
anyway, if you want a judgment, you will have to sue your son. Once you have a judgment, you can take whatever actions the law allows in order to obtain payment of the judgment. A promissory note is like any other contract; if the parties do not act as required be the contract, you sue and ask the court to order performance. That is essentially what a judgment for a debt it.
Re: Promissory Note and a Lien
Thank you - I'm prepared to sue. All I really want is the judgment (don't need the money and already have totally separate liens on his comp).
The promissory is for way more than what small claims allows. I don't know how to even begin bringing suit in a 'regular' court. Thus the question originally posed, "how do I ...?"
Re: Promissory Note and a Lien
to be honest, most people hire a lawyer. Most lawyers are not going to take something like this on contingency especially because there is little chance of recovery. That means an hourly fee for the lawyer. If you don't want to hire a lawyer, you need to study the rules of court procedure of whatever court you intend on using. Lawyers spend years learning how to do this so it isn't an overnight thing.
so, to start with, read California's code of civil procedure and and the California Rules of Court.
Re: Promissory Note and a Lien
I'm not averse to hiring a lawyer on hourly basis. Like I said, all I really want is the judgment. I fully understand that asking for a legal 'how to' online is absurd. I don't have that high of an opinion of myself. I also provide animal care answers as a certified expert animal care specialist with many years of education, a doctorate and 30 yrs experience. I can't stand it when people ask me how to 'fix' their pet on their own. So I can tell them to buy an Xray machine and do a home study course on how to read the films; then get their pharmaceutical license and at least two years of education and certification as a CVT in order to be able to Rx the meds.
---- Or find a vet.
I'm ready to find a lawyer, but do you have any idea how many are in the state of CA ? They all specialize. Which kind of specialty do I need? Obviously not a personal injury, not a workers' comp, not a divorce, real estate or property lawyer. Not criminal, corporate or small business law. What do I look for in the listings?