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Collecting a Promissory Note from My Ex

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  • 07-14-2014, 04:55 PM
    rome0
    Collecting a Promissory Note from My Ex
    (PA)
    So my ex and i split up and right before we did i went to the notary and had her sign a $20k promissory note and an affidavit to back up the note, i figured it was counting ALL the money and effort i spent on her from the beginning of our relationship till 6 years after. The note states that she pays monthly (around 400) for about 4 years. Now at the time i made the note, i was in panic mode and i should of just put $8k instead of 20, would i be able to explain that to the judge? And i honestly just want the money i loaned out to her back, not out of revenge or ill will but for financial reasons, currently attempting to buy a small house.

    7 months later and I'm finally over her but i'm still paying for some things that were once hers (phone, joint credit card etc.) I came to the conclusion that i only want $8G back because that amount was the official amount that i paid for her credit cards out of my pocket and the rest of $12k was just us blowing it together on going out and doing coupley stuff, and i understand that money isn't coming back. I would just like the $8k that i loaned her out from my pocket, mind you that she hasn't paid me back a single cent and she's going around saying that she doesn't owe me anything. To top it off, we're still both young and i'm finishing up college. Since i never been in this situation or thought that i would be suing someone who i once loved dearly, i need a guide on what to do, i don't know where to go or what to say for that matter. Legal advice is what i am seeking and besides devastated that i am attempting to sue someone who was going to be my potential wife, i am confused as well! Thank you much in advance for any help!
  • 07-14-2014, 08:53 PM
    Mr. Knowitall
    Re: Collecting a Promissory Note from My Ex
    I question whether your promissory note with a large, made-up figure is properly supported by consideration, such that it would be enforceable. Your decision that you should only have demanded $8,000 suggests that it was not. It's not clear why your ex- would have signed a promissory note with a large, made-up figure to be "repaid". Perhaps you can explain.
  • 07-14-2014, 10:31 PM
    BooRennie
    Re: Collecting a Promissory Note from My Ex
    Guess OP didn't like the answers he got down the street.
  • 07-14-2014, 11:06 PM
    Dogmatique
    Re: Collecting a Promissory Note from My Ex
    Which effectively were the same as Mr K's here ;)

    (OP was also curious as to how normal people offer loans and get repaid...I answered that they don't, if they have any sense. By all means help out a friend or relative, but don't ever expect to be paid back)

    AND WAIT A SECOND.

    OP - you sure as heck changed the numbers around, didn't you?!

    Quote:

    (PA)
    So my ex and i split up and right before we did i went to the notary and had her sign a 40G promissory note, i figured it was counting ALL the money and effort i spent on her from the beginning of our relationship till 6 years after. The note states that she pays monthly (around 800) for about 4 years.
    7 months later and I'm finally over her but i'm still paying for some things that were once hers (phone, joint credit card etc.) I came to the conclusion that i only want 15G back because that amount was the official amount that i paid for her credit cards out of my pocket and the rest of 25G was just us blowing it together on going out and doing coupley stuff. Mind you that she hasn't paid me back a single cent and she's going around saying that she doesn't owe me anything. To top it off, we're still both young and i'm finishing up college. Since i never been in this situation or thought that i would be suing someone who i once loved dearly, i need a guide on what to do, i don't know where to go or what to say for that matter. Legal advice is what i am seeking, but moral advice is greatly appreciated as well (besides devastated i am confused as well)! Thank you much in advance!
    Pick one. She evidently didn't sign both - and now I'm wondering if you actually had a firm number at all, given that it changed willy nilly in the space of 24 hours. It's starting to sound like you don't actually have much at all, and you're testing the water to see how much you can get away with.
  • 07-15-2014, 09:47 AM
    rome0
    Re: Collecting a Promissory Note from My Ex
    The figure wasn't made up at all, because i had went to my bank statements and counted every cent i had spent on her from the start of the relationship. Although during the relationship she was in trouble with her maxed out credit cards and i stepped in and pulled out (X sum of money) from my pocket to settle her debts. But when i was writing the note i counted every penny, and currently i don't want everything back just the original amount of (X sum of money) that i loaned out. Honestly i'm just focusing on getting my money back rather than getting nothing, so if i have to sue her for the full sum and when she pays me (X sum of money) back i can just hush, and refuse payment for the rest.

    I'm not testing my waters, i have the real numbers listed on my papers (which i refuse to disclose for my own reasons). And this has nothing to do with how much i can get away with, the fact is, is that there's an X sum of money that i would like back. The other site i went to quickly judged things based upon the relationship, so i'm seeing what answers i would get if i didn't say anything about it! Again thank you for all the help
  • 07-15-2014, 09:52 AM
    cbg
    Re: Collecting a Promissory Note from My Ex
    I'm curious why you went to a notary. What did you think that would accomplish?
  • 07-15-2014, 10:06 AM
    Mr. Knowitall
    Re: Collecting a Promissory Note from My Ex
    Quote:

    Quoting rome0
    View Post
    The figure wasn't made up at all, because i had went to my bank statements and counted every cent i had spent on her from the start of the relationship.

    "The figure is $40K. No, it's $18K. No, it's $20K, I mean it's $8K. But it's not made-up!" Right....
    Quote:

    Quoting rome0
    View Post
    i only want $8G back because that amount was the official amount that i paid for her credit cards out of my pocket and the rest of $12k was just us blowing it together on going out and doing coupley stuff....

    You've admitted that the bulk of what you are trying to recover through the note is money to which you have no valid claim. I don't think your ex- is likely to ignore that fact if you sue her. And yes, when you concoct a number that you know isn't valid, instead of a much smaller number that you believe to represent your ex's actual liability, your number is made-up.
    Quote:

    Quoting rome0
    ...so if i have to sue her for the full sum and when she pays me (X sum of money) back i can just hush, and refuse payment for the rest.

    Again, I very much doubt that she's going to go to court and agree that your self-serving figures represent actual loans, or that she freely and voluntarily signed the promissory note with past loans as the consideration for the note. If you think that is likely to happen, that she'll meekly admit to owing the entire note and not raise any defenses to your lawsuit, why are you here?
  • 07-15-2014, 10:45 AM
    rome0
    Re: Collecting a Promissory Note from My Ex
    i don't understand why you are wasting your time with the small stuff

    just judge this
    A boy loans a girl 8 dollars but he's been also paying for this girl ever since they met, may it be for candy or a teddy bear. After a while he decided that he's spent around 50 dollars on the girl and would like his money back, so they both go to the notary and sign a promissory note for 50 bucks (the girl does this upon her own free will), note clearly states that she has to pay him back a dollar a day. Months pass and she claims that she owes him nothing, the boy just wants his original 8 dollars back, what would you do in the boys position?
  • 07-15-2014, 11:01 AM
    Mr. Knowitall
    Re: Collecting a Promissory Note from My Ex
    I don't know why you are unable to process the absurdity of your claim, and think it's "small stuff". Take your fantasy to court and see what happens.
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