Legal Question in Business Law in North Carolina

I am a small business and we did work on a customer trailer that was way over $3100.00. They put a deposit down of $1500.00 leaving a balance of $1684.21. We delived the trailer to the customer for the balance and to no fail of ours it look great what they wanted and like it. We left out with a check and they stop paument the same day. Now it is going on three months we have file small claims paper but in SC you have to wait 30 days for them to respounce and then they send you the letter then you have to resounce back. With interest and closeing down our shop to drive over and hr there and back they are up to $3800.00 owning us. My question is can I have them arrested for stealing from us. They have never pais for the parts on the trailer like new roof wheel service with seals and diamond plate all over the trailer. It is like if you went to walmart and brought a Big tv and then stop payment on it you stole the tv from there. Am I wright Please help.


Asked on 11/11/10, 9:29 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I can tell you this. The authorities will treat this as a civil and not a criminal matter. In addition, unless you have proper language in a written contract with your customer, you can only sue for the balance that is owning, not for any time, etc. involved in closing down your ship, driving over there, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/16/10, 2:32 pm


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