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Louisiana/Texas Promissory Note Default

Posted on 6/13/24 at 2:44 pm
Posted by BayouBengal23
BR
Member since Mar 2019
632 posts
Posted on 6/13/24 at 2:44 pm
RE Investor in my network raises private money for deals often. I lent him $5000 for a $1500 return in 5 days. There’s a $150 late fee for every late day. This was in May and he has returned $4000 but his closings fell through so he is still racking up the remaining $1000 plus $150 per day to me.

He is in Texas and I, in Louisiana, submitted a promissory note to him that he signed stating the above agreement.

Does anyone know which steps to take next to receive my full return? Someone mentioned notice to cure and go after his assets but no collateral was specifically named in the promissory note.
Posted by KillTheGophers
Member since Jan 2016
6748 posts
Posted on 6/13/24 at 2:49 pm to
Oh boy…..


….you will never see the $1,000 or the $150 a day penalty.

Consider the $1,000 an educational expense and learn from this event.

Posted by AlaskaAg
Member since Feb 2022
1544 posts
Posted on 6/13/24 at 2:54 pm to
I’m pretty sure that unless you are a licensed lender, it is illegal for you to charge more 10% annual interest, an origination fee or any late fees.

Without go into more explanation…you are probably better off just writing this off to a lesson learned and not being what looks like a loan shark.
Posted by Tiger Prawn
Member since Dec 2016
25189 posts
Posted on 6/13/24 at 3:21 pm to
quote:

I lent him $5000 for a $1500 return in 5 days.
The guy was willing to agree to a 30% return over 5 days? That should have been screaming "red flag" to you. 2200% annual rate

Posted by lsujro
north of the wall
Member since Jul 2007
4089 posts
Posted on 6/13/24 at 3:44 pm to
TX has some pretty serious usury rules iirc. I too would let this one go. Next time use a lawyer to do your deals.
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2920 posts
Posted on 6/13/24 at 4:02 pm to
We're there no payday lenders willing to take his buisiness?

Anyone willing to take on debt at those rates likely has no meaningful assets to go after.
Posted by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
45907 posts
Posted on 6/13/24 at 7:10 pm to
Agree with most here. Consider yourself extremely lucky you got $4000 back and stop being a predatory lender.
Posted by jfw3535
South of Bunkie
Member since Mar 2008
5444 posts
Posted on 6/13/24 at 9:00 pm to
Usury much??
Posted by BigApple
Member since Jun 2022
889 posts
Posted on 6/13/24 at 9:30 pm to
quote:

Does anyone know which steps to take next to receive my full return? S




Mafia maybe ????
Posted by diat150
Louisiana
Member since Jun 2005
47257 posts
Posted on 6/14/24 at 6:24 pm to
Lesson here is never trust a businessman that needs to borrow 5000 dollars.
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