Fast forward more than a year, she’s paid less than $500 total, not even covering the interest for the year. We’ve gotten zero from her for 3 months. She has moved out of state but we know where she lives and where she is employed. (She has an ok, steady job—she could pay, she’s just a deadbeat.)

Advice on collecting this? I assume the next step is garnishing wages.

Neither the state the house is in or the state the debtor moved to is the one we live in. I assume the next step is calling a shitlawyer in the state she moved to (Missouri, if it matters) but what should we be looking for that person to do for us?

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45618182)

Does the Note have a choice of law or forum selection clause?

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45619348)

The Note is least likely to be governed by Missouri law based on OP. As another poaster suggested below, OP probably could get judgment in his home state, then register the foreign judgment in Missouri, then follow Missouri procedure for garnishment.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45619599)

For reference here’s what the note says after laying out what’s owed and payment terms:

EDIT: circumstances are just described as “for value received”, maybe that’s not enough?

And then….

“If any payment hereunder is not made pursuant to the above, the Maker authorizes any attorney at law to appear in any Court of record in the United States or any state or territory thereof in which judgment may be obtained and waive the issuance and service of process and confess judgment against the undersigned in favor of any holder hereof for the amount then due hereunder, together with all costs, reasonable attorney fees, and accrued interest thereupon releasing all heirs and waiving all rights of appeal and stay of execution. The Makers hereby waives presentment for payment, protest, and notice of presentment.

**WARNING** BY SIGNING THIS PAPER, YOU (MAKER) GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU (MAKER) DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU (MAKER) WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF THE COURT CAN BE USED TO COLLECT FROM YOU (MAKER) REGARDLESS OF ANY CLAIMS YOU MAY (MAKER) HAVE AGAINST THE CREDITOR WHETHER FOR RETURN GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE OR DEFENSE.”

That last bit is bolded and also at the top of the note.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45624578)

Interest until it’s paid off?

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45630198)

It wasn’t clear which was better, or more likely to result in a recovery, to me at least.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45624541)

Having the drafting attorney obtain judgment in Ohio will guarantee you a judgment, which you will then have to register in Missouri, likely with the aid of Missouri counsel (who can then assist with garnishment).

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45624959)

EDIT: circumstances are just described as “for value received”, maybe that’s not enough?

And then….

“If any payment hereunder is not made pursuant to the above, the Maker authorizes any attorney at law to appear in any Court of record in the United States or any state or territory thereof in which judgment may be obtained and waive the issuance and service of process and confess judgment against the undersigned in favor of any holder hereof for the amount then due hereunder, together with all costs, reasonable attorney fees, and accrued interest thereupon releasing all heirs and waiving all rights of appeal and stay of execution. The Makers hereby waives presentment for payment, protest, and notice of presentment.

**WARNING** BY SIGNING THIS PAPER, YOU (MAKER) GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU (MAKER) DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU (MAKER) WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF THE COURT CAN BE USED TO COLLECT FROM YOU (MAKER) REGARDLESS OF ANY CLAIMS YOU MAY (MAKER) HAVE AGAINST THE CREDITOR WHETHER FOR RETURN GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE OR DEFENSE.”

That last bit is bolded and also at the top of the note.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45629400)

OldHLSDude had some good suggestions above re finding a Missouri attorney.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45630858)

Are we getting screwed? If we get 75% of our money back I’ll be pretty damn pleased tbh, even if we could’ve got a bit more for an hourly rate.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#45989823)

Service of the complaint on the debtor shouldn't matter for confession (the need for service would defeat its purpose, as does setting a court date out several months). The court should enter the confessed judgment then mail a copy of the judgment to the debtor (MO 511.070 appears consistent with normal confession practice).

I wonder if he filed it as breach of contract or something else (perhaps because the instrument didn't comply with Missouri's confession requirements, as noted).

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#46044461)

I think it’s very unlikely she will make more than the first payment on this, and no chance at all that she’ll be able to pay off the full amount at the end of the year, since it will still be more than $10k, but I guess this is the first step towards eventually garnishing? At the very least, should be an ironclad acknowledgment from Missouri’s perspective that the debt is valid.

(http://www.autoadmit.com/thread.php?thread_id=5251244&forum_id=2#46389380)