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Inspire
11-12-2008, 02:18 PM
I've been searching the web and wikipedia but I can't find a good sample contract/promissary note that I can use.

Basically, I have charges on my credit card that belong to someone else and I want to write up a contract that will state the charges have to be paid back. It has to be somewhat decent so if by some chance I have to take them to court it will be legally binding.

Any help?

Thanks!

Allereli
11-12-2008, 02:22 PM
http://www.expertlaw.com/library/business/promissory_note_form.html

there's one, but make sure you get it notarized as well.

Gelston
11-12-2008, 02:32 PM
This has absolutely nothing to do with your questions but... If I didn't trust someone enough to pay me back without having this document, I wouldn't lend them money.

Allereli
11-12-2008, 02:35 PM
This has absolutely nothing to do with your questions but... If I didn't trust someone enough to pay me back without having this document, I wouldn't lend them money.

I'd agree, but I'm also in favor of pre-nuptual agreements

Inspire
11-12-2008, 02:56 PM
This has absolutely nothing to do with your questions but... If I didn't trust someone enough to pay me back without having this document, I wouldn't lend them money.



Sometimes the person you trust and take on debt for turns out to be someone other than you thought them to be. I'm just trying to protect myself should the worst happen, but I do hope for the best and that it's not necessary.


I have this so far...


For value received, the Borrower hereby unconditionally promises to pay to the order of Lender the sum of $4110.00 together with interest accrued at the rate of 9.99% per year on any unpaid balance. Interest will not begin to accrue until November 2009.

Payment Terms
Borrower will pay payments of $80.00 dollars each at uninterrupted monthly intervals on the 16th day of each month, starting on the 16th day of November 2008 until the Principal amount and accrued interest is paid in full. All payments shall first be applied to outstanding late fees, then to interest and the balance to the Principal amount.

Prepayment
The Borrower may prepay this Note in full or in part at any time without premium or penalty. All prepayments shall first be applied to outstanding late fees, then to accrued interest and thereafter to the principal loan amount.

Place of Payment
Payment shall be made at the above stated address of the Lender or at such place as may be designated from time to time in writing by the Lender or holder of this Note. For ease of payment the Borrower may exercise the option to effect payment by direct deposit or electronic transfer of funds into the account of Lender as specified in writing.

Late Payment Fees
If payment is not made within 30 days as stipulated in the payment terms the Borrower shall pay an additional late fee in the amount of $39.00.

Acceleration of Debt upon Default
If the Borrower fails to make any payment when due for whatever reason and the Lender provides notice of such failure, the Borrower must effect payment of the amount due within 10 days, failing which the Lender can demand immediate payment of the entire outstanding Principal amount and accrued interest.

Collection Fees
In the event of default this Note may be turned over for collection and the Borrower agrees to pay all reasonable legal fees, collection and enforcement charges to the extent permissible by law, in addition to other amounts due.

Transfer
The Lender may transfer this Note to another holder without notice to the Borrower and the Borrower agrees to remain bound to any subsequent holder of this Note under the terms of this Note.

Borrower's Waiver
The Borrower waives demand and presentment for payment, notice of non-payment, off-set, protest and notice of protest and agrees to remain fully bound until this Note is paid in full.


Lender's Indulgence
No relaxation, indulgence, waiver, release or concession of any terms of this Note by the Lender on one occasion shall be binding unless in writing and if granted shall not be applicable to any other or future occasion.

Binding Effect
The terms of this Note shall be binding upon the Borrower's successors and shall accrue to the benefit and be enforceable by the Lender and his/her successors, legal representatives and assigns.

Jurisdiction
This Note shall be construed, interpreted and governed in accordance with the laws of the State of Ohio and should any provision of this Note be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.

General
Where appropriate words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa.

Paragraph headings are for convenience of reference only and are not intended to have any effect in the interpretation or determining of rights or obligations under this Note.

Inspire
11-12-2008, 02:57 PM
There are a two other spots that don't seem to want to copy/paste to the forums for some reason.

Ignot
11-12-2008, 04:55 PM
Why not just have a lawyer do it?

Gan
11-12-2008, 04:58 PM
www.legalzoom.com

Proxy
11-12-2008, 05:00 PM
lawyer is your best bet TBO. unless its under 500.00, if so send them a bill, wait a month. If they don't pony up, then take them to small claims courts.

>I'd agree, but I'm also in favor of pre-nuptual agreements

Dido here, marriage contracts FTW. anything less is only setting your self up to get raped.