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Massachusetts
Complaint for Past Due Promissory Note

Massachusetts Complaint for Past Due Promissory Note

Category:

Promissory Notes - Complaints

State:

Multi-State

Control #:

US-01126BG

Format:

Instant download

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Description

The form is a complaint for a default on payments due pursuant to a promissory note. The complaint adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Commonwealth of Massachusetts has a 6- year statute of limitations on all written contracts, promissory notes and credit card claims. The statute begins calculating the dates, generally, from the date the contract was breached.

The first step to enforcing a promissory note is usually to send a demand letter to a borrower. When no response to a demand is received, then a collections lawyer may file a complaint with a court and, depending on the amount owed, a lawsuit could be filed in the Special Civil Part or Civil Division.

If the borrower does not repay you, your legal recourse could include repossessing any collateral the borrower put up against the note, sending the debt to a collection agency, selling the promissory note (so someone else can try to collect it), or filing a lawsuit against the borrower.

A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.

Some possible disadvantages are: You will likely pay a higher interest rate than for a secured loan. If you are using a promissory note because you don't have a good credit rating, you will likely pay a higher interest rate than if you obtained a commercial business loan from a bank or other institution.

If the lender dies before the loan is completely repaid, any balance remaining unpaid at that time is forgiven. This Promissory Note to be Forgiven on Death of Lender form is a downloadable MS Word file which can be used anywhere.

Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.

A promissory note is a documented promise to repay borrowed money. Promissory notes are binding legal documents used to protect both the lender and the borrower. The promissory note is paper evidence of the debt that the borrower has incurred.

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