I have a bit of a problem. A couple years ago my ex loaned me 10k and we signed three original promissory notes in front of a notary public to seal the deal. I didn't understand promissory notes very well at that time and he told me that he wanted three originals "just in case." So I paid back about $7k over a year mostly in cash. Then he said he'd forgive the rest of the debt and he gave me back the promissory note with "PAID IN FULL" written on it with his signature and date. Well shortly after that our relationship ended and I moved away heart-broken to a new city. He decided to get a judgement against me while I was away recovering (I had severe depression) and I only now found out about this after my bank account was frozen. Anyway, he used one of the other two originals that he has and submitted it as evidence that I never paid him. What impact would it have to present the original that he signed and gave to me with "PAID IN FULL" if I fought this in court? I'm sort of confused now about the concept of multiple originals...obviously this was a bad move on my part. The promissory note is a standard template and it has one clause that I think I can use in my defense: It states that I must pay him the full amount within 90 days of receiving a written demand via certified mail--and that shall constitute prima facie evidence of delivery. In any case I never received such a demand (because I already paid it!) and maybe he thinks I will overlook that fact? I don't know. Do I have a credible defense? This took place in DC. I now live in TX. What should I do? Please offer your help and advice. Thanks so much.
I'm sorry to hear of your problem I'm not a lawyer, but he has committed fraud against you and perjury in court when he got the judgment. Proving it may be another matter. You should speak to a lawyer to find out what you can do.
I'd also call your District Attorney. He can tell you if you have to contact the one in DC. Is that where he got the judgment?
What form was his original payment to you? A check? Tranfer between his account and yours? In either case your bank statement would show only a single payment to your account, and his would show only a single transfer from his account. Are all three notarized and dated on the same date? Can he produce 3 checks to show he paid you 3 separate payments of $10K? If he claims payment was in cash, what is he doing with $30K cash, and where is his account withdrawal, and the required Treasury disclosures required to be filed by the bank? See an attorney.
What should I do? Please offer your help and advice. Thanks so much. zedania ==========How are you doing with this? ><- <>- ><- <>
