Legal Question in Credit and Debt Law in North Carolina

If you are paying a creditor and there is not a contract, can the creditor sue you for nonpayment of goods?


Asked on 7/18/16, 12:45 pm

1 Answer from Attorneys

Begs the question of WHY you are paying a creditor if there is no contract. All contracts should be in writing ideally as it serves as a protection or both parties. But people can have oral contracts for everything except land. Where there is partial payment, that serves to help prove the existence of a contract. So yes, the creditor can sue for non-payment.

Know that anyone can be sued at any time for anything. The issue is not whether someone can sue. The real question that you should ask is "if I am sued, how likely is it that the creditor can obtain a judgment against me?" Unfortunately, you post no relevant details that would enable me to answer that question.

Try re-posting your question here with the relevant facts regarding date/place where contract was made, who is going to breach, why, date of (expected) breach and how payments were amde (cash/check/money order). Or you can email me the essential details at [email protected].

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Answered on 7/19/16, 9:26 am


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