Legal Question in Civil Rights Law in North Carolina

I loaned a gentleman I thought was my boyfriend $2,000 within a 2-3 week time span back in December 2011 because he lied and said his store which he claimed to own was broken into and he was unable to make his mortgage payment and buy groceries since he used his savings on the store.

This gentleman promised me via text messaging and verbally that he would be able to reimburse me within 10 days of the loan to him, once his insurance claim comes in. This gentleman has since over a two month duration discontinued communication with me. On the few occassions that we spoke it went from the store isssues; which I later found out he does not own to his grand mother passing away, to hospitalization for surgery on his Ulcer, to his mother passing away all within two weeks.

At first within his story line he promised again to reimburse me, he reimbursed me $600 of the $2000 owed. Then when I reminded him of the balance approximately two weeks ago he now completely avoids my calls.

Can I sue this gentleman? I have his license plate for his vehicle and would also like to know if I can track downhis place of residency from his local dmv with the license plate information to serve himpapers if he can be sued.

Thank you in advance for your feedback. I feel ashamed but felt since I knew him for 5 months at the time it was safe to help someone in need.


Asked on 3/14/12, 4:15 pm

1 Answer from Attorneys
Rachel Hunter

Some "boyfriend." He took advantage of you. Never ever loan anybody this kind of money without getting a promissory note.

However, that all said, you can sue him in small claims court. Even if you prevail, how are you going to collect? There is no wage garnishment in PA and if he is a scammer, then chances are that he has a bunch of judgments against him. But it never hurts to try.

You are going to have to track him down and sue him in his county of residence. Before you do, I would write him a letter and send it via UPS/FedEx (people play games with certified mail) and make a formal written demand for the balance owed. How did he pay you the $600? In cash? Or by check/money order? Did you happen to make a copy of the check/money order? It will help in proving your case so that is why I asked. In your letter I would recite all the facts - that you made the loan in December of 2011, that he admitted that he owed you money and that he repaid you $600 on such and such a date. Demand the balance owed and tell him you will pursue your legal remedies if you don't hear from him in 30 days. You might also be willing to cut him some slack if he pays - while you are entitled to the whole $1400, it might be better to at least get some money back and be done. If that appeals to you, offer to settle for $700 or whatever you think is fair provided that he actually pays. And demand that payment be by certified check, in cash or by mnoey order to avoid him stopping payment on a personal check.

If he fails to pay, then try the small claims court.

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Answered on 3/15/12, 4:29 pm


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