Quote Originally Posted by Dsn150:
So, the 3K is what you have the signed note for, and the rest promised by email?
You would know better than me how binding an email is, but the 3K is in play-
Is it worth it?
I don't know- maybe just on principle....
Here is the exact language of the Note he signed:
I, XXXXXXXXX (“Maker”), born July 1, 1968 and residing at XXXXXXXXXXXX hereby acknowledge that MR. XXXXXXXXXXX
(hereinafter
referred to as “Payee”) has previously loaned and advanced me $2,900 on December
15, 2010 which I hereby acknowledge and affirm as received and further
acknowledge that Payee is loaning me an additional $100 today. I hereby promise to pay the
Payee the sum of $3,000 (the “Loaned Amount”) in lawful money of the United
States of America plus interest which shall accrue at the rate of 15% per annum
from the date made and shall be due and paid as follows:
April
16th 2011-$1000
April
23rd 2011-$1000
April
30th 2011-$1000
If any
of the amounts set forth above are not paid when due, the interest shall
increase to a default rate of interest equal to 25% per annum and acknowledge
that I will be in default and Payee shall have the right to demand and collect
the Loaned Amount in full as if all of it was currently due.
This
Note may not be modified, amended, waived, extended, changed, discharged or
terminated orally or by any act or failure to act on the part of the Maker or
hereunder, but only by an agreement in writing signed by the party whom
enforcement of any such modification, amendment, waiver, extension, charge,
discharge or termination is sought.
No
extension of time for payment of this Note or any installment hereof, and no
alteration, amendment or waiver of any provision of this Note made by agreement
between Payee and any other person or party shall release, modify, amend, waive,
extend, change, discharge, terminate or affect the liability of Maker.
Any
notice, demand or request (“Notice”) given or made hereunder to any party shall
be in writing and either (a) sent by certified mail, return receipt requested,
postage prepaid, or (b) delivered in person or by overnight courier, with
receipt acknowledged, to the address given herein, or to such other address for
such party as such party shall hereinafter designate by Notice given to the
other party (parties) pursuant to this provision. Each Notice mailed shall be
deemed given on the second business day following the date of mailing the same
and each Notice delivered in person or by overnight courier shall be deemed
given when delivered in person or by overnight courier or when delivery is
refused.
This
Note shall be governed and construed in accordance with the laws of the State of
New Jersey and the applicable laws of the United States of America.