Consult with a commercial or business litigation lawyer and have him/her review the promissory note in context of the facts. In many cases where a plaintiff is suing to recover sums owed, the law allows for not only recovery of those sums, but also reasonable attorney's fees is the plaintiff prevails.
I would need to see the promissory note but in the usual circumstances you would have a lawyer file a complaint in the Court of common pleas so you can get a judgement and have the sheriff execute on assets. Depending on what the note says, you may also be able to collect legal fees. You should speak to a lawyer about the next step
Contact a local litigation lawyer through AVVO. The amount you are owed is too big for small claims court, where you could represent yourself.
Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.
Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.
There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.
To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."
First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.
The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.
Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.
When you loan money to a friend, it’s important to understand that although it may help them in the short term , you are essentially providing them with a quick fix solution to what may be a long term problem.
Before loaning money, ensure you are in a financial situation to do so. It seems obvious, but you need to be financially stable yourself in order to loan money out. Perhaps the loan is only for a small amount of money which won’t affect your quality of life or your own mortgage repayments and living standards.
When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt. This can be tedious and depending on the nature of the relationship, can either bring you closer or can create serious tension between you.
Leaving a paper trail. As much as it seems awkward to bring it up, when you are lending anyone money, regardless of whether they are a close friend or a distant relative, it is advisable to leave a paper trail of the transaction, some form of legal document alongside the repayments made.