[WSBARP] Promissory note question

Gregory L. Ursich gursich at insleebest.com
Wed Nov 11 14:24:32 PST 2020


I would file suit in North Carolina where property is and get a judgment as fast as possible.  You will need to attempt service in India, and use the North Carolina Long-arm statute.

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Gregory L. Ursich
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Anthony Gibbs
Sent: Wednesday, November 11, 2020 2:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Promissory note question

Bar exam fact pattern time:

PC/creditor issued a promissory note to a “friend”/debtor of his here in Washington, $100,000. Creditor is here, debtor has moved to India. Debtor has a home in North Carolina which is currently on the market but has not yet sold. Debtor has not paid on the promissory note and keeps telling PC “I’ll pay you next week.”

The NC house is the only US asset of debtor, so we need to stop that sale. Can we file here on the promissory note, and send notice of intent to lien to escrow company (or realtor?) in NC while we try to serve OP in India? Creditor has debtor’s office address in India (at least he believes he does) so there is a chance we could get him served.

Any thoughts or lead are most appreciated.

Anthony F. Gibbs, Esq.
Sounder Law PLLC

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