What would you do with a Promissory note with Ex-tenant?

What would you do with a Promissory note with Ex-tenant?

Investor · Union City, CA · Member since 2016 · 15 posts · 0 votes

Hi BP community,

 I would like to get your opinion on a promissory note from my ex-tenant, It's like an IOU.

So the story is in California  back before 2009, I had an ex-tenant (single mom+kids) that I was too nice to and I didn't evicted them while they were making late payment month after month.  The back-rents accumulated up to $3400 after several years they living there. In 2009, they finally decided to moved out of the house due to finding another employment elsewhere out of the state. The back-rents still couldn't be paid I so made them signed a promissory note like an IOU to give them 5 years to pay it off at a very low monthly payment.  They made 2 low payments and the check stopped coming in. I never followed thru at the time lacking of knowledge, motivation, busy schedule etc.  Now with more knowledge learned from BP here, I want to go and try to get those back-rent back.   

Does anyone know if this is possible that I can still go after this ex-tenant for the back-rent or too late?

1.  Promissory note says that all balance should be  paid off by end 2013, started in 2009, but now it's 2016 and 3 years later.

2. Should I give this note to a collection agency to help collect? or should I find this ex-tenant myself and try to get the back-rent back myself? I still have their personal info.

3. Bring them to small claim with promissory note they signed? maybe it's too late due to statue of limitation?

The only thing I hate about this is that the tenant didn't kept their part of the deal. This is just help creating bad tenant.  

Should I just cut my loss and move on? What would you do?

Thanks in advance

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  • Rob SinglesPro Member
    Investor · Sebring / Jacksonville, FL · Member since 2013 · 23 posts · 5 votes
    10y

    A quick google (reference: http://www.courts.ca.gov/9618.htm):

    "Breach of a written contract: Four years from the date the contract was broken.

    Breach of an oral contract: Two years from the date the contract was broken."

    Ultimately, you may be time barred from bringing a lawsuit - however consultation with an attorney is needed as there may be some fact or circumstance that may bring the case within the SOL. 

    Practically, your only chance of recovery is to sue this person. So lets say you prevail in court you will now have a piece of paper (judgment) that says you are owed $3,400; essentially this is where you are today. That judgment may permit you to seize assets of the tenant but it doesn't sound like she had anything to begin with. In essence, your former tenant is judgment proof. You also mentioned the tenant moved to a different state - this could require you to domesticate a judgment (or even sue her where she lives) in her new home state before you attempted to go after her assets or garnish wages etc. 

    If it was me, I'd forget about it. 

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