Legal Question in Civil Litigation in North Carolina

Someone owes me money

I went to NC for eye surgery. I ran out of checks, so I deposited cash into my boyfriend's personal checking account. In turn, he wrote a check on my behalf to a surgeon.

Less than one month later I find out that the check was returned due to insufficient funds. I paid the surgeon and my boyfriend has yet to reimburse me for my loss.

This happened March 2006. He has yet to pay me, despite numerous calls and text messages saying he will.

What can I do? Can I place a lien on his home or do I need to file in small claims court? I know live in Texas - this happened in NC and he still lives there.


Asked on 2/13/07, 10:52 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Someone owes me money

You can file in small claims in TX saying that he failed to fulfill a promise to repay you, which it appears he has promised since you moved to TX. Then you can try to have a collector get the money from him in NC. Keep in mind that I am not admitted in NC and am unfamiliar with enforcement of judgments there, but a local collection company would be. Please feel free to contact me on this.

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Answered on 2/14/07, 11:05 am
Judy Tseng Wake Law Office

Re: Someone owes me money

Ask the small claims court clerk in Texas, but you probably have to sue the guy in NC in the county in which he lives. If the amount owed is no more than $5000, you can sue him in small claims court in NC. The filing fee is $65 and getting the sheriff to serve him is $15. You can't just put a lien on his house at this time. If he is in Wake or Durham County, I can assist you.

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Answered on 2/14/07, 2:43 pm


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