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Need advice with a Promissary Note.

Tampa, FL |

Over a year ago, I couldn't pay my ex-boyfriend rent and he made me sign a Promissary Note on scratch paper tltled Promissary Note for my bedroom set in lieu of back rent. He locked the note in his safe. I moved out due to domestic violence the day he was arrested. I didn't have the means to take my bedroom set then. Is this note legal? How do I get my bedroom set back. I was granted the restraining order. He was found guilty of domestic voilence. This all happened 3/9/12. The Promissary Note was dated over a year ago and he has been using it for years to furnish a bedroom he rents out to tenants for $500. monthly.

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Attorney answers 1


A promissory note is valid regardless of the type or quality of pen and paper used, but if your ex-boyfriend forced you to sign the Note, you may have been legally under "duress" such that the contract should not be enforced. His subsequent conduct may or may not be admissible, but if he threatened you physically when you made the Note, I think you have a viable duress defense.

Needless to say, you should consult an experienced contract litigation attorney.

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