VERIFIED COMPLAINT

Plaintiff’s Name

ADDRESS 1

ADDRESS 2

Phone: XXX

Plaintiffs, pro se

SUPERIOR COURT OF THE STATE OF XXX

COUNTY OF XXXX

 

NAME;
Plaintiff,
v.

NAME.

Defendant

 Case No.: _____________

VERIFIED COMPLAINT FOR BREACH OF  PROMISSORY NOTE

COMES NOW, Plaintiff, Some Name (hereinafter “Plaintiff”) hereby files a Verified Complaint against Some Name (hereinafter “Defendant”) and alleges as follows:

PARTIES

  1. Plaintiff is an indivdual residing at _________ in the County of XXX.
  2. Defendant is an individual residing at _______ in the County of XXX.

JURISDICTION AND VENUE

  1. Jurisdiction and venue in the above-entitled court are proper in the State of XXXX for the County of XXXX under XXXX Code of Civil Procedure Section 395 because XXXX County is the county where the Promissory Note at issue was entered into and to be performed.

NATURE OF ACTION

  1. This Complaint arises out of Defendant’s failure to honor the Promissory Note.

COUNT 1: BREACH OF PROMISSORY NOTE

  1. Plaintiff incorporates by reference and re-alleges each and every allegation contained in this complaint, as though fully set forth herein.
  2. During August 2019, Plaintiff came to the acquaintance of the Defendant over phone from one of Plaintiff’s residential neighbors. Plaintiff was informed that Defendant was looking to get a loan of some money towards a small business he was allegedly trying to own.
  3. Defendant mentioned he was looking for 20 thousand dollars but Plaintiff mentioned he could only lend 13 thousand over promissory note, with the terms that Defendant pay it all back with interest in 8 equal installments (XXXX] and that outstanding balances accrues interest at 15% per annum. The promise was that Defendant uses the money loaned only towards acquiring a small restaurant business and collateral being the equipment list at Jack and Mary’s Restaurant at 1360 Highway 60 East, Lake Wales, FL, that Defendant allegedly owned.
  4. On XXXX, Defendant digitally signed (via DocuSign platform) the promissory note, signed on the equipment list as collateral, and sent 8 post-dated checks to Plaintiff. The promissory note was signed in witness by two of third parties: one, an acquaintance of Defendant, NAME, and second, by NAME w/o the Plaintiff.
  5. Plaintiff had wire transferred $13,000 (Thirteen Thousand) dollars to Defendant’s bank account.
  6. Just after XXXXX when Plaintiff informed the Defendant of the Plaintiff’s intention to deposit the first post-dated check as first installment, Defendant mentioned the bank account was closed and he has no money to pay Plaintiff started thinking about potential fraud by the defendant when the bank account, against which post-dated checks were issued, was closed.
  7. Plaintiff further followed up with calls to understand the situation and Defendant’s explanations further fueled doubt about that legitimate use of the money borrowed for the mentioned purposes. Plaintiff believes the money was not used as promised and suspected an element of fraud.
  8. Around this time, Defendant also switched his active phone number and had not responded to Plaintiff calls / messages. Only after several follow ups, over several weeks, he started responding by sharing his new number and Plaintiff was able to make further communication on the new phone number.
  9. During subsequent phone conversations when Plaintiff followed up for the money due, Defendant referred to Plaintiff that Plaintiff could be earning a 6-digit salary and the money lent is not a big deal (implying small enough to ignore). Plaintiff believed those kinds of remarks or thinking by Defendant is unwarranted and Plaintiff felt that it’s revealing the Defendant’s intention to not pay the money back.
  10. Between XXXX, Defendant had only paid $100 (one hundred only) to Plaintiff, via bank transfer, in two installments of $50 each.
  11. On XXXX, Plaintiff drafted a demand letter demanding to replay the whole money due, and emailed to Defendant at Email for which Defendant acknowledged the receipt of such notification. But, since then Defendant had only paid additional $200 (three hundred only) to Plaintiff, via bank transfer, on XXXX.
  12. Plaintiff had patiently waited, through the Covid times, gently reminding about the amount due, but Defendant never paid the money except saying “I’ll pay over small amounts”. At times, Plaintiff tried to remind and follow up over phone calls and messages, but never got any money so far.
  13. The money Defendant owes Plaintiff as of XXXX is $21,346 (Twenty -One Thousand, Three Hundred and Forty-Six) as per the promissory note terms, which is as per below schedule:
  • Original amount loaned on XXXX to Defendant is $13,000.
  • Between XXXX, Defendant had paid Plaintiff $300.
  • Amount Due by XXXX at 15% pa interest, excluding the payments made so far, is $21,346.
  1. The terms put forth in the Promissory Note, are drafted in accordance with Article XV, Section 1 (Interest and Usury) of the California Statutes. As the Defendant has not kept his promise to pay back the outstanding amount even almost in 4 years, Plaintiff is seeking justice in the court of Alameda County that court help enforce the promissory note and that Defendant pay Plaintiff the outstanding amount of $21,346 immediately.

PRAYER FOR RELIEF

            WHEREFORE, Plaintiff demands judgment against the Defendant as follows:

  1. For judgment that the Defendant pay the entire outstanding amount due as per above schedule, back to Plaintiff immediately to keep the promise as per the promissory note signed in good faith;
  2. For judgment that the Defendant reimburse Plaintiff of any legal and court fees associated with this civil case;
  3. For such further relief as the court may deem proper.

Dated: ___________

Respectfully submitted,

___________________________________              Plaintiff

Plaintiff, pro per

VERIFICATION

I, NAME, am the Plaintiff in the above-entitled action. I have read the foregoing complaint for action of enforcing promissory note, and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Fremont, California.

___________________________________              Plaintiff

Plaintiff, pro per

CERTIFICATE OF SERVICE

I certify that a copy of this Verified Complaint for Breach of Promissory Note was served on [ENTER DATE] to the Defendant in this action at the following address:

[ENTER ADDRESS]

Dated: ___________

________________________

Plaintiff

Plaintiff, pro per

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