He moved not too long after he signed the note. I had an attorney send him a letter but he disputed the amount saying he was going to gather information. I nor the attorney never head anything else. My attorney advised it would cost a lot of money to take him to court and I there was not promise that I would get any of my money. That is as far as it went. I know where he lives and he is making good money now. Can I still collect on the promissory note? IF so what steps do I need to take?
If you know where he is, first have an attorney send a demand letter to him. Assuming it goes unanswered, file suit. In terms of attaching assets and ultimately seeking collection, it may be easier to sue where he lives rather than where you live.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
I agree with Atty. Callahan. You can sue him for breach of contract. You can sue him in the state where he lives or you can sue him in West Virginia (the state where the contract was entered into). First, have the attorney send a formal demand CERTIFIED. Sometimes that works since it's on law firm letterhead. Depending on the amount in controversy it may not be worth pursuing. Good luck.
My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-client relationship.
You have to understand the principal amount is very small. An attorney working to collect would not be cost efficient. Further, I strongly suspect that the statue of limitation had expired. Still, I suggest see an attorney and get his counseling.
Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney.
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