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02-21-2017, 03:21 PM
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#1
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Promissory Notes
Hello everyone, I hope this is the right area to ask this question so here goes. I let an associate of mine borrow $350.00 with 14.29 interest which comes out to $400.02 due back to me. I had her sign a promissory note signed on February 14th notarized it and had a witness present during the signing with a March 14th paid back date. She has informed me that she isn't gonna paid me back the money, if she does not pay me back, what is my next course of action? All replies from anyone who can answer this question for me Id greatly appreciate it have a great day!!!
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02-21-2017, 03:27 PM
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#2
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Valued Poster
Join Date: Aug 4, 2015
Location: Dallas
Posts: 1,048
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Small claims... hardly worth any effort, actually.
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02-21-2017, 03:34 PM
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#3
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Quote:
Originally Posted by ElBombero
Small claims... hardly worth any effort, actually.
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Thanks I thought going to a Justice of the Peace at first but thanks for the information
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02-21-2017, 03:42 PM
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#4
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Moderator
Join Date: Nov 22, 2009
Location: Happyville
Posts: 11,471
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An associate. Hehe
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02-21-2017, 03:44 PM
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#5
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BANNED
Join Date: Jun 5, 2016
Location: Chang’s head
Posts: 3,126
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Put a lien on her dildos
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02-21-2017, 03:45 PM
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#6
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Valued Poster
Join Date: Jul 20, 2012
Location: DFW
Posts: 1,649
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How was the loan secured? Any collateral up front or late payment fees in the original agreement? If not then hope and play nice in hopes of repayment but go ahead and figure it as a loss and lessons learned.
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02-21-2017, 03:45 PM
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#7
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Quote:
Originally Posted by Boltfan
An associate. Hehe
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I know huh 😀
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02-21-2017, 03:51 PM
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#8
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Quote:
Originally Posted by bored@home
How was the loan secured? Any collateral up front or late payment fees in the original agreement? If not then hope and play nice in hopes of repayment but go ahead and figure it as a loss and lessons learned.
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We went to my bank chase after signing the promissory note at chase I paid her 350.00 in cash no collateral was put up she agreed to pay me back on march 14th. I didn't add a late fee to the note
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02-21-2017, 04:49 PM
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#9
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,969
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You may want to look up usury statutes charging 14.29% per month. That's outrageous, and might well be illegal, even in a creditor friendly state like Texas. At least be aware that the creditor may have a defense, or even a counterclaim based on your rate of interest.
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02-21-2017, 04:53 PM
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#10
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Quote:
Originally Posted by TexTushHog
You may want to look up usury statutes charging 14.29% per month. That's outrageous, and might well be illegal, even in a creditor friendly state like Texas. At least be aware that the creditor may have a defense, or even a counterclaim based on your rate of interest.
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The 14.29% was for the entire loan not per month I am not that cold so it's comes out to $50.02 for a total of $400.02 owned to me no more.
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02-21-2017, 04:58 PM
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#11
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Account Disabled
Join Date: Feb 22, 2016
Location: dfw
Posts: 485
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Look ,,the note is noncollectable. If you do go to claims court it costs money to file and time to attend court to get the favorable ruling. Then you have a piece of paper that says she owes you.. In theory you could go after assets, but she doesn't have any does she.. Just write it off to life lessons and move on.. You may want to frame the note and every time you feel like helping someone out look at it..
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02-21-2017, 05:08 PM
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#12
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Premium Access
Join Date: Jan 7, 2010
Location: DFW
Posts: 1,978
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02-21-2017, 05:15 PM
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#13
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Valued Poster
Join Date: Sep 14, 2015
Location: Midlothian,TX
Posts: 439
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Quote:
Originally Posted by Zee Man
Look ,,the note is noncollectable. If you do go to claims court it costs money to file and time to attend court to get the favorable ruling. Then you have a piece of paper that says she owes you.. In theory you could go after assets, but she doesn't have any does she.. Just write it off to life lessons and move on.. You may want to frame the note and every time you feel like helping someone out look at it..
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You make great points but I am the type that it would bother me knowing that "she won" if that makes sense but she does have til March 14th either way big lesson learned tho!!
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02-21-2017, 11:09 PM
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#14
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Valued Poster
Join Date: Aug 4, 2015
Location: Dallas
Posts: 1,048
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Quote:
Originally Posted by KOdallas1986
You make great points but I am the type that it would bother me knowing that "she won" if that makes sense but she does have til March 14th either way big lesson learned tho!!
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Having to "win" is a good way to talk yourself into doing some stupid shit.
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02-22-2017, 07:45 AM
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#15
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Account Disabled
User ID: 679
Join Date: Apr 9, 2009
Location: Galleria
Posts: 8,364
My ECCIE Reviews
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Yeah your screwed, sorry
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