we have been seperated for 7 years and he promissed to pay x amount of money. he left me suddenly without a warning ,i had no job , i am disabled have a house to support and a lot of doctor bills.he has been helping me but only off and on. i am indigent and need his support money to live i do not want to go thru a divorce and neither does he. will the promissory note hold up in the courts of florida if he defaults, or do i also have to file and record the promissory note at the clerk of court. in florida ?is it a legal document? thank you ,marita keenan
Real Estate Attorney
Notarizing a promissory note does not make it any more likely that it will hold up in court. The enforceability of a promissory note depends on its provisions, whether there was consideration for it, and whether its collection is barred by the statute of limitations. You should have your note reviewed by an experienced lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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Mr. Deason is correct that having a document "notarized" does not make it any more enforceable than one which is not. The same goes for recording the note in the public records. The mere recording does not make the note more enforceable.
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