Collecting on Unpaid Promissory Note

Plaintiff's Jury Verdict on Unpaid Promissory Note

Jury ends dispute over unpaid promissory note in favor of Anthony Ostlund client and awards remaining principal, interest, and attorney’s fees

"Taking advantage of the elderly is a sensitive and troubling subject, especially when the alleged misconduct involves family members.  I was honored to represent Marion Levine’s estate in recovering the amounts she was owed.  My only regret is that I never got to meet her."

--Brooke Anthony, Attorney for the Estate of Marion Levine

Client Issue

Our client was one of the representatives of the estate of his long-time friend and business partner, Marion Levine.  When Marion passed in 2009, our client realized that Marion had an outstanding promissory note owed to her.  Marion had issued the note in 2000 to her step grandchildren from her third marriage when she was 80 years old.   The grandchildren paid on the note for five years, but in 2005 the payments stopped.  Four years later, when Marion passed away, the note had still not been paid off.  Our client asked the grandchildren to pay but they refused, claiming the note had been forgiven.   

Anthony Ostlund Approach

Trying to keep costs low, our client began this case with another attorney.  By the time we received it, the matter had a long procedural history and an incomplete factual record. Only one deposition had been taken - of our client.  Recognizing that this was a unique situation, Anthony Ostlund worked with our client to reach a cost-effective alternative billing arrangement so that Marion Levine could have her day in court and her estate would not be depleted of funds.  We took the case to trial in January 2014 with virtually no pre-trial discovery.  Using focused, decisive pre-trial investigation we were able to fill in the factual gaps and conduct pointed, effective cross-examinations of the defendants. 

Results Achieved

Following a three day jury trial, the jury awarded our client  the remaining principal on the note, interest through the original date of demand, and reasonable attorney’s fees.

Robert L. Larson, Personal Representative of the Estate of Marion Levine v. Rebecca Caron, Hennepin County District Court