A promissory note must contain a promise to pay and not an order to pay
Channel: RedressRight
Date: 2023-02-22

Here's a revised template that includes the case cites:

I. Introduction

Identify yourself as the plaintiff and state the purpose of the complaint
Identify the defendants and provide their contact information
State the jurisdiction and venue where the complaint is filed
II. Background

Describe the events that led to the dispute with the defendants
Explain why you believe you do not owe the alleged debt
Discuss the relevant laws and legal principles that support your position
III. Claims for Relief

State your legal claims against the defendants, such as violations of the Fair Debt Collections Practices Act, the Consumer Financial Protections Act, and the Fair Credit Reporting Act
Cite the specific provisions of the statutes that the defendants have allegedly violated
Explain how the defendants' actions have harmed you
IV. Supporting Evidence

Provide a list of the documents that support your claims, such as credit reports, correspondence with the defendants, and any other relevant records
Explain how each piece of evidence supports your claims
V. Legal Arguments

Cite the following cases to support your contention that a promissory note that contains an order to pay loses its characteristic as a promissory note:
a. In re Johnson, 91 F.3d 1385, 1392 (9th Cir. 1996)
b. Robinson v. First Am. Bank of Virginia, 489 F. Supp. 836, 839 (E.D. Va. 1980)
c. Citizens Bank v. Baker, 230 P.3d 584, 587 (Wash. Ct. App. 2010)
d. In re Chon, 254 B.R. 825, 829 (B.A.P. 9th Cir. 2000)
Explain the reasoning behind each case and how it supports your position
Discuss how the defendants' promissory note contains an order to pay, and therefore cannot be used as evidence of an outstanding debt obligation
VI. Prayer for Relief

State the specific relief that you are seeking, such as a declaratory judgment that you do not owe the alleged debt, an order enjoining the defendants from reporting the debt to credit reporting agencies, and damages for any harm you have suffered
VII. Conclusion

Sum up your claims and the relief you are seeking
Provide your contact information for the court and the defendants to reach you
Again, please note that this is just a sample template, and you should tailor it to fit your specific circumstances and legal claims.

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