Home Q&A Forum I need to sue on an unpaid promissory note

Contracts

Note Payable

New York

Asked on Oct 5, 2021

I need to sue on an unpaid promissory note

The note was written back in March 2019 I hired an attorney and he has done nothing for me! I made tons of requests to try to settle out of court with this man and he just keeps blowing me off

Answers from 2 Lawyers

Answer

Contracts

New York

Answered 1675 days ago

Matthew S.

ContractsCounsel verified

Business Lawyer
Licensed in New Jersey, New York
Free Consultation
View Matthew S.
4.9 (12)
Member Since:
August 5, 2020

You need someone who will attempt to settle the matter for you and if that fails be prepared to sue on the note and take the necessary action to collect. This assumes the debtor has assets to collect against. It can take a while. I have had some folks pay relatively promptly, others several years. Communication between attorney and client is very important in this process. If you have no idea what is going on in your case you can get very anxious. I make sure you get consulted on each development and you get copies of each filing.

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.

Answer

Debt Collection

New York

Answered 1675 days ago

Jane C.

ContractsCounsel verified

Business Lawyer
Licensed in Connecticut, District of Columbia, New York
Free Consultation
View Jane C.
4.9 (138)
Member Since:
October 9, 2020

An attorney needs to review what has been done so far on the case and move forward from there.

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Benjamin G.

13 projects on CC
CC verified
View Profile

Rhea d.

211 projects on CC
CC verified
View Profile

Ryenne S.

957 projects on CC
CC verified
View Profile

Faryal A.

383 projects on CC
CC verified
View Profile

People Also Asked

Contracts

Note Payable

Virginia

Asked on Sep 15, 2021

I loaned money to a 5013c organization, I want a lawyer to look over the contract, worried about them defaulting on it

I am worried about a 5013c organization defaulting on a promissary note, they do not seem to have their act together, want to have a lawyer look over the promissary note and get advice on what happens if they default on it

View Donya G.
4.9 (61)

Donya G.

Answered Oct 5, 2021

Sure. I take it they have not yet signed as yet? You can draft the agreement with some protections to ensure payment; however, you need to keep in mind that payment will always be contingent on whether they have money to pay or not. I am a contracts attorney and if you you would like my services, you can contact me on the contracts counsel website, or post your job on the website and attorneys will respond to your job. All the best Donya Gordon

Read 1 attorney answer>

Loans

Note Payable

New York

Asked on Dec 14, 2024

Can a note payable be transferred to another party without the lender's consent?

I recently entered into a loan agreement with a lender, where I borrowed a significant amount of money and agreed to repay it over a specified period of time. However, due to unforeseen circumstances, I am now unable to continue making the payments on the note payable. I have found another individual who is willing to take over the repayment of the loan, but I am unsure if I can transfer the note payable to this person without obtaining the lender's consent. I would like to know if it is legally permissible to transfer a note payable to another party without the lender's consent, and if not, what options are available to me in this situation?

4.9 (13)

Damien B.

Answered Dec 14, 2024

Hello! Most loan agreements contain clauses that prohibit the assignment or transfer of the borrower's obligations without the lender's written consent. This is because the lender approved the loan based on your financial status and creditworthiness, and transferring the loan would introduce a new party with potentially different credit risks. If the agreement does not allow for an assignment and If the lender does not consent to a transfer, one possibility is that you could enter into a private agreement with the individual where they make the payments on your behalf. However, you would remain liable to the lender if they default. If you have a follow-up question or would like a consultation or further legal services, you can let me know. There should be a button on your page or app that allows you to request a proposal from me specifically for the legal service you request. Best regards, Attorney Damien B.

Read 1 attorney answer>

Contracts

Nondisclosure Agreement

New York

Asked on Mar 30, 2021

Is pricing protected under an NDA?

I am in a negotiation with a vendor and they are trying to get us to sign a mutual NDA because they want to protect their pricing.

View Ramsey T.
4.9 (5)

Ramsey T.

Answered Mar 30, 2021

The answer depends upon how you define protected or confidential information under your NDA. Even if pricing is included as protected information, often pricing becomes "excluded" from the NDA protection because the "pricing" has been made public to other third parties. You are often better protected by having a pricing methodology and ensuring that such is protected under the NDA.

Read 1 attorney answer>

Contracts

Contract Agreement

New York

Asked on Sep 7, 2021

How to determine jurisdiction for lawsuit?

I have a promissory note written in Montana that was breached. I am in New York. I am the borrower and my aunt is the lender; I have since discovered she wrote the note with unfair terms. I need the note voided. What do I do? I can’t find an attorney anywhere to take my case.

View Ramsey T.
4.9 (5)

Ramsey T.

Answered Sep 14, 2021

Hi - what does the contract say? We are looking for the choice of law clause. If the contract provides for NY choice of law then fantastic! You hire an attorney in New York, send them a demand letter and file in a New York State Court - on the day after the expiration date for your letter. Once you get your judgment in New York, you hire a collections attorney in Montana to go collect your judgement (if they won't pay up - its amazing how much they are willing to pay when you get a local lawyer to put a lien on their house!) If the choice of law clause says Montana - you can (i) be certain and hire a lawyer in Montana and follow the same process or (ii) be aggressive, hire and file in New York, just to ensure that they have to hire a New York lawyer to get the case dismissed. The second situation would be if you think they would rather settle with you than pay someone in New York to get the case dismissed. There is a lot of strategy to consider - but the most important thing in any of this is to be decisive and move forward with a lawyer quickly once you decide on a course of action. I've seen clients who had stronger cases lose in the end because the other side was aggressive in Court and had their lawyer on a retainer immediately and filed before my client could finish "considering her options."

Read 3 attorney answers>

Contracts

Consignment Agreement

New York

Asked on Sep 9, 2021

How to proofread a legal document?

I’m doing a consigning agreement on a piece of art work. I’m lending it back to the private seller for 6 months. I will have a 1 page document drafted by someone who does this often(not lawyer though). Just wanted a proofread by a professional such as yourself.

View Jane C.
4.9 (138)

Jane C.

Answered Sep 14, 2021

You can submit your request as a bid on the contracts counsel platform. My firm with many artists and art galleries.

Read 2 attorney answers>

Find lawyers and attorneys by city