cdl1975
Jun 6, 2008, 06:29 AM
I am trying to collect on a promissory note over $5000.There is no package for this,I have been told to create my own package.What is needed to submit in order to place a judgement against the borrower.Are there any steps to take prior to this and what should I do to make this legal and legitimate?
Thanks for any help.
Clint
ScottGem
Jun 6, 2008, 06:48 AM
You have to file suit in the appropriate court. Present a copy of the note as proof of the debt.
progunr
Jun 6, 2008, 07:29 AM
That amount is most likely too large for a small claims case, so, you are going to have to hire an attorney, and file a law suit.
With a signed promissory note, I feel certain that you will prevail.
When you do, you will be allowed to include all attorney and court costs in the judgment.
That is the easy part, getting your judgment.
Then, the hard part starts, in you being able to collect it.
The court will not collect your money, they will only give the legal opinion that the debt is owed, and that you have the legal right to collect it.
You will then have to have the attorney file for levy of bank accounts, or garnishment of wages, if allowed in your jurisdiction, or possibly the placement of liens on any real estate they may own.
Good Luck to you!