Q: How do I go about collecting a debt on a promissory note?

A: Any lawyer would have to see the terms of the note. Depending on how the note is written, you may have to start out by making a written demand. Text messages and phone calls do not count. Send the letter via certified mail return receipt requested or via UPS/FedEx with signature confirmation so that you can prove it was sent and received.

If you have done that and received no response within 30 days, then you can file suit. The amount in question would appear to be within the limits of small claims court if the debtor resides in PA. If the debtor does not live in PA, where does he/she live? In such case, it will be more advantageous for you to pursue the legal action in small claims court in the county/state where the debtor resides. Most states are wage garnishment states but PA is not. Suing someone is easy - collecting is hard.

If the person lives in PA, you sue them in the magisterial district where they live. You need to know the person's address. You can go to the PA court's website for a list of the magisterial districts in each county. Some counties have several magistrates and if you are not sure which is correct, i would call the magistrate's office and confirm that they serve the area in which the debtor lives.

Then you file a complaint. Attach a copy of the promissory note to the complaint. The complaint should be served by the sheriff or the courts may allow service by certified mail. Once the debtor s served, the court will schedule a hearing. If the debtor does not answer, the magistrate may just go ahead and enter judgment for you. Its then up to you to try to collect. If there is a hearing, you will prove that you loaned money to the debtor as evidenced by the promissory note, that you made a demand for repayment, that the debtor has not paid in response and that the loan is owed plus any interest provided for in the note. Ask the magistrate to order repayment if possible.

If judgment is entered, then you will need to see a lawyer about collecting on the judgment. If this is in PA, there is no wage garnishment, but it may be possible to seize any assets that the debtor owns free and clear or levy on his/her bank account.

If the debtor resides in another state, then you need to re-post and direct your question to a collection attorney who practices in the county/state where the debtor lives.

A: Any lawyer would have to see the terms of the note. Depending on how the note is written, you may have to start out by making a written demand. Text messages and phone calls do not count. Send the letter via certified mail return receipt requested or via UPS/FedEx with signature confirmation so that you can prove it was sent and received.

If you have done that and received no response within 30 days, then you can file suit. The amount in question would appear to be within the limits of small claims court if the debtor resides in PA. If the debtor does not live in PA, where does he/she live? In such case, it will be more advantageous for you to pursue the legal action in small claims court in the county/state where the debtor resides. Most states are wage garnishment states but PA is not. Suing someone is easy - collecting is hard.

If the person lives in PA, you sue them in the magisterial district where they live. You need to know the person's address. You can go to the PA court's website for a list of the magisterial districts in each county. Some counties have several magistrates and if you are not sure which is correct, i would call the magistrate's office and confirm that they serve the area in which the debtor lives.

Then you file a complaint. Attach a copy of the promissory note to the complaint. The complaint should be served by the sheriff or the courts may allow service by certified mail. Once the debtor s served, the court will schedule a hearing. If the debtor does not answer, the magistrate may just go ahead and enter judgment for you. Its then up to you to try to collect. If there is a hearing, you will prove that you loaned money to the debtor as evidenced by the promissory note, that you made a demand for repayment, that the debtor has not paid in response and that the loan is owed plus any interest provided for in the note. Ask the magistrate to order repayment if possible.

If judgment is entered, then you will need to see a lawyer about collecting on the judgment. If this is in PA, there is no wage garnishment, but it may be possible to seize any assets that the debtor owns free and clear or levy on his/her bank account.

If the debtor resides in another state, then you need to re-post and direct your question to a collection attorney who practices in the county/state where the debtor lives.