I was dating someone who obviously scammed me out of money. I would like to take it to small claims. I believe his intention is not to pay. He works at a federal job and probably is in the executive level. He lives in Maine and so did I at the time. I have moved to North Carolina. He is relocating to Puerto Rico. I sent a demand letter with 30 days to pay in full; however the county in which he lives said I did not need to do this and could just file small claims. Where his intentions are to leave Maine in the near future, my question is although I sent a demand letter can I turn around now and just file small claims. When he received the letter of demand he left a voicemail and text threatening to call the police on me for harassment. Any advice would be most appreciated
2 Answers from Attorneys
There is no need to send a demand letter and wait any time. It is customary to do this when you think the other party may settle instead of having to actually go to Court. Keep in mind, that in NC, you can only file in small claims court in the county where the Defendant lives. If he lives in Maine, you have to sue him there, especially if the loan was made there.
I agree with Attorney Love. You will have to sue him in Maine before he leaves. However, you might want to think about this. Does he own property in Maine? Judgments are only worth the paper they are printed on. They do not guarantee you that the judgment will be paid. If he is moving and has no assets, then it may not be feasible to collect as you are not going to chase him to Puerto Rico. On the other hand, if you get a judgment and he does return to the US you can always seek to enforce it against him. Good luck.