QUESTION
Does a Promise to Donate have the same legal standings as a Promissory Note in Texas
Asked on Feb 18th, 2013 on Contracts - Texas
More details to this question:
I am an alumni of my fraternity in Texas . 2 years ago I signed a promissory note with the chapter to promise to give based on my music career in the amount of $ 3000 . 00 . It was never a loan given to me nor the chapter was ever out that money . It is a promise to donate within two years. It has taken longer than I have anticiapted in my music career and now the chapter is sueing me in court to get that 3k . The promissorry note does say the chapter can take 10% of my music royalties and or assests to get the money . However , the chapter can not prove money was exchanged to me because it never was . Can they sue based on a promise to donate ? And will it stand in court as a legal promissorry note under Texas law where no loan exists ?
1 ANSWER
ADR and Public Attorney serving Houston, TX
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Glass Law Group, PC
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Dear Mr. Gamboa,
Assuming the promissory note is properly written (it would help if you happen to have a copy of it), despite that you never "loaned" the fraternity any money, and despite that it was never "out that money," the fraternity may sue on it for breach of contract/collections, and they may be able to collect their reasonable and necessary costs of court and attorney's fees that they *may* incur in any action to collect on the Note, pursuant to the Texas Civil Practive & Remedies Code (CPRC).
If you wish to retain an attorney to write a letter on your behalf and then attempt to negotiate a reasonable settlement of this matter on your behalf, I can be reached at (713) 910-5757. Please explain to our receptionist that you were referred to us by LawyerS.com (as opposed to Lawyer.com). We can help you regardless of the county in which you reside.
I hope this message helps.
Respectfully,
Howard L. Glass, Esq.
Attorney & Counselor at Law
and UHLC-Certified Mediator
(713) 910-5757
Answered on Feb 19th, 2013 at 3:37 PM