The debtor has defaulted on promissory note and did not even want to settle the debt on reduced mutually negotiated agreed amount. Can I now file a lawsuit directly in county I reside rather than sending a demand letter?
I would write a demand letter to the debtor, and notify the debtor of the default, and send the letter certified mail, return receipt requested. If the letter is ignored by the debtor after ten or so days have passed, then I would file suit against the debtor to recover a judgment. If the note has a provision for recovery of attorney's fees or costs of collection, you might need to send a pre-suit demand to trigger the attorney's fees provision in the note before filing suit.
I would recommend service of a demand by regular and certified mail as a prerequisite to suit. In the complaint you can then truthfully state that the defendant is in default and "payment has been demanded but payment has not been made". If the amount due is under $15k and you start suit in the Special Civil Part you can accomplish service by mail, but venue is in the County where the defendant resides. Depending on the amount in question, you should at least consult with counsel , if not retain counsel to file suit. Counsel may be willing to handle on a contingent fee basis. Allen
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I would definitely send one. The debtor could come into court and state that you never gave them the opportunity to pay. When you show that you indeed asked for the note to be paid and the debtor refused to comply, you can show due diligence on your behalf. Good luck!
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