Can a person that writes out a paper saying you owe them money and you and they sign it but it doesn’t get it notarized, is it legal if they try to take them to court?

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Can a person that writes out a paper saying you owe them money and you and they sign it but it doesn’t get it notarized, is it legal if they try to take them to court?

Asked on March 20, 2015 under Business Law, Indiana

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Your signature on a contract does not need to be notarized to be enforceable.  In fact, a contract does not need to be in writing at all to be enforceable.  The problem I see here is that there is no exchange of promises mentioned.  So the note is not a contract unless it says more.  The person with the note will need to explain in court what the terms of the contract were, and the paper will only be evidence of the amount of money involved.  


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