Legal Question in Credit and Debt Law in North Carolina

Re: Stop Payment on Check

I don't have a clear answer, but I'll add a few more thoughts. The first issue is whether she can sue you in South Carolina; i.e., do the Courts of SC have "personal jurisdiction" over you. Based on the facts you have presented, that is not clear. The initial transaction was arguably insufficient to subject you to jurisdiction there, as the transfer was made in NC. The subsequent transaction, however, may have had enough SC ties to give SC jurisdiction over you, and hence there is a very good chance that a SC court could exercise jurisdiction over you, and hence a Judgment obtained in SC would probably be valid in NC.

As for the merits of the transaction, it seems that initially you and she mutually agreed to rescind the deal, and you were going to give her her $$ back for the dog; i.e. there is not presented a "breach" of contract with respect to the sale of the dog. The dispute arose when she wanted an extra $25 for feeding the dog. Assuming that you had not "breached" your contract (e.g., by giving her a sich dog ), then she probably had no right to insist on the $25 for feeding. Therefore, if she simply sued you for the $25 for feeding, assuming you did not give her a "bad dog," I would think you would win, with some room for argument. The problem I foresee for you, however, is that you may have exposed yourself to liability by the manner in which you obtained the dog -- i.e. the writing of the check. I am concerned that the check could be seen as a concession of liability, or an "accord and satisfaction" of some sort, obligating you to the payment regardless of the underlying dispute. As a practical matter, the Courts can generally be expected to frown upon this practice (writing a check with an intention of not paying it). This might even constitute a crime (e.g. obtaining property by false pretenses). Ideally, perhaps you should have returned to NC with your $100 and sans the dog, although certainly that was not a pleasant prospect under the circumstances. Also, stopping payment could have other consequences, such as a penalty or the imposition of attorneys fees, which probably depends on SC law (as the check-writing was done in SC, my best guess is that SC law would apply to that transaction). So, my impression is that you have some real risk. Regarding your counter-claims (or offsets), I am not persuaded based on the facts you have presented. I am not sure you can prove that the vet bills are necessarily related to any breach or negligence by her. I do not see that your driving time and expense are recoverable, as you had apparently agreed to those losses, and I'm not sure how they're linked to any breach or negligence by her. So, I don't have any 'good news' for you. As the other responder noted, you may need a SC lawyer. But considering the small amount in controversy, you might be well advised to pay her the $50, or try to negotiate it.

Re: Stop Payment on Check

your case would be in the form of a counterclaim to offset her claim

If she files her claim in SC, you would have to file the c/claim in SC and would need a SC atty because I am not licensed in SC