Legal Question in Criminal Law in North Carolina

Services rendered with refusal to pay invoice. Gentleman lives in California, however owns numerous properties in Charlotte area. I was contacted by this individual to perform services. He now refuses to pay for services rendered during October and November. I know that I can take out a lien against his property or sue, but as far as suing is concerned, service of the notice to appear is a problem and therefore would be more likely to gain service in California since I am not sure as to when he is going to be at the home I service in Kannapolis, NC (if ever). Therefore (being former law enforcement and knowing that it is a stretch) could I have him charged with NC GS 14-100 Obtaining Property by False Pretense.

As far as the elements are concerned, I don't know that I can prove that he had intent, however he did know that the services would be provided and then refused to pay for said services once completed and invoiced.

This is all quite new to me and I am really needing some guidance here...


Asked on 12/24/10, 10:26 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your customer breached a contract. Breaching a contract is not a crime unless he entered the contract intending not to pay, in which case it is fraud (not obtaining property by false pretenses). Even assuming that is what happened, if you can't prove it then the prosecutor is unlikely to be interested in your claim.

It is not clear from the information you have provided whether the proper jurisdiction for your case would be North Carolina and/or California. If you have a written contract, that contract may specify where you would have to sue. If you don't have a written contract, then my best guess is that both states have jurisdiction and you would be free to sue in North Carolina. If you want to discuss your prospects in California, feel free to contact me directly.

Finally, you can't "take out a lien against his property" unless you (1) sue and win, or (2) have a written contract which gives you the right to do so, or (3) performed specific types of work on the property in a way which entitle you to a lien. Just claiming that he owes you money is not enough.

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Answered on 12/29/10, 12:46 pm


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