[WSBARP] Promissory note question

[Douglas Scott]

Since they are friends, has the creditor approached the debtor about
signing a lien or other document to assure that he will be paid out of the
proceeds of sale.
Alternatively, North Carolina may have a prejudgment proceeding (similar to
our prejudgment attachment) where the creditor might be able to encumber
the property or tie up closing funds as part of his immediately filed
litigation.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
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www.rainieradvocates.com


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On Wed, Nov 11, 2020 at 2:27 PM Gregory L. Ursich <gursich at insleebest.com>
wrote:

> 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.
>
>
>
> *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
>
>
>
> (206) 734-4374 [P]
>
> (206) 212-7825 [F]
>
> anthony at sounderlaw.com
>
> sounderlaw.com
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