Legal Question in Criminal Law in North Carolina

someone borrowed over 1000 from my husband and failed to pay it back in time, can I, as his wife in the state of North Carolina, file charges against the borrower on my husband's behalf?? ie, file papers with the court to start a small claims case and attend court to regain our losses or is that something only he can do, we can't seem to find the answers online, husband can't always get out of working hours( military contractor) which is why we want me to proceed for him.. thank you for your assistance.

Asked on 2/26/19, 9:30 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

There are so many things wrong with your question that it is would be easier to just tell you to consult with a local attorney and let it go at that. First, it should be very obvious that you can not represent your husband unless you are an attorney - you really should not need to go online for that. Second, you need to get your terminology straight 'filing charges' is for criminal court - a small claims case is civil court. Third, the first thing to consider before filing a small claims case for money owed is does the person who owes you money have collectible non-exempt assets? If not, you will likely just be wasting your time and money going to small claims court because even if you win the case (which is highly questionable given the extent of legal knowledge demonstrated in your question), if you can not collect on the judgment, you will basically end up with a judgment that has about the same worth as used toilet paper. So before you waste your time and money - go consult with a local attorney before you make your decision on how to proceed. Best of luck!

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Answered on 2/26/19, 9:57 am

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