Legal Question in Civil Litigation in Florida
Collection of a judgement
I live in Florida. A couple in North Carolina owe me half the cost of having a well sunk on their property. I have a contract in which they both agreed to repay me $1,025.00 plus $200.00 within six months of the signing of that contract. That six months was up in November 2001. I have no doubt that I would win a lawsuit; but the cost of a lawyer, travel, and lodging to pursue this in North Carolina would far exceed the amount stated above unless I could be sure of collecting what is owed plus expenses. Is there any law in place that would guarantee a collection?
2 Answers from Attorneys
Re: Collection of a judgement
If you entered a contract in North Carolina to perform services in North Carolina, then, most likely, North Carolina law will apply to your question. Although you posted your question for Florida lawyers, I doubt that you will find a law in North Carolina that will guarantee that you will win your proposed lawsuit. Few things in life are guaranteed, and, I am certain, even fewer things in the business of suing people are guaranteed. You should consult with a North Carolina regarding your legal rights and your chances of prevailing, but you must decide whether the rewards justify the risks.
Re: Collection of a judgement
It appears that you'll have to file your claim in North Carolina. With the caveat that I'm a Florida lawyer, not one from NC, it is likely that NC has no law that guarantees any litigant or judgment creditor the collection of a judgment. Even if one wins a lawsuit, there's no guarantee that one will find money and be able to collect it. If the contract has a clause awarding fees and costs to the prevailing party, you might find a NC lawyer that will take it on a contigency fee basis if the case is a simple slam dunk. If not, you better consider whether the case is worth your time and effort. Good luck.
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