I was loaned some money that I agreed to pay a minimum of $150 a month to pay this loan back, but before i could make any payments this man closed the account i was supposed to make it in,Because we had a falling out with eachother & i actually had to put a retraining order on him since he was coming into my place of work and being threatning towards me & saying he was in-love with me & being completely physco!!. I was completely intending 2 make my payments on time 2 this account, But when he closed the account there was no way to pay him unless i got into contact with him, which i was not about to do! But,I even signed a promissary note stating that fact! (Y did he close the account)?, but now he wants it all at once even though the promissary note says i agree to make payments, and also now he has taken it to court. Will I have to pay it all at once or make the payments like i agreed to in the note? What kind of trouble will i be causing myself even though i agree 2 pay the paymnts?
2006-12-28 05:51:19 · 6 answers · asked by teeny 1 in Politics & Government ➔ Law & Ethics
Let him take you to small claims court. He violited the contract by closing the account. You showed that you felt your safetly was being threatened by issuing the restraining order.
Or come up with the money (borrowed, something) and pay him off & tell him to leave you alone.
2006-12-28 05:54:44 · answer #1 · answered by Jo 6 · 0⤊ 0⤋
A promissary note stands. He cannot change the terms of it mid stream and if he closed the account he was at fault. Hopefully, until he closed it, you were paying on time. This shows good faith on your part. You can ask the court to allow you to continue making payments but that some alternate method of transferring the funds be set up that will ensure that you are kept safe and the personal issues are not interferring with the transaction.
2006-12-28 05:56:19 · answer #2 · answered by xovenusxo 5 · 1⤊ 0⤋
it could be the rule; as stipulated by the promissory note, that you should pay the entire sum-at once....but the same is only a general rule...you can always carve out an exception....this is where u hire the skill of a lawyer.....
you could appraise the court with the factual matrix and seek for relaxation....
any way, since evidence is required from both sides...its likely to be a time consuming activity...
so its advisable that at the first instance itself, you make out your stand and so as to show your bonafides, start making the installments at regular intervals as agreed earlier....keep on depositing the amounts with the court...almost anywhere in the world,, this could be the only logical conclusion....and schedule the repayment - that full amount will be payed before the trial concludes....
2006-12-28 05:59:43 · answer #3 · answered by Manu Govind 1 · 0⤊ 0⤋
you will not have to make the payment all at once just as long as you can show that he has harassed you and that he closed the account you agreed to make payments to, go to court put your case they will understand your not wanting to contact him and then ask to make the payments through the court you can make your agreed payments to the court and they will forward it to him. stop worrying he is the one in the wrong not you.
2006-12-28 05:57:13 · answer #4 · answered by blackwidow2408 2 · 0⤊ 0⤋
The judge will order you to pay. There are other ways you could have paid him besides into one certain account.
You will have to pay all at once. There won't be any trouble, you just need to pay what you owe him. If you don't he can take your car or other possissions to make up what you owe him.
The sherriff will come and get any car you own or take the furniture out of your house, your stereo or whatever and sell it at a sherriff's auction to get the money to pay him. It happened to me.
2006-12-28 05:55:18 · answer #5 · answered by Anonymous · 0⤊ 3⤋
What's a "retraining order"?
CC
2006-12-28 05:59:50 · answer #6 · answered by CC 3 · 0⤊ 0⤋