Legal Question in Credit and Debt Law in North Carolina
I am a carpet cleaner (Mecklenburg County NC, sole propreitor) who cleaned carpet for a realtor in NC (Union County) . The house is in SC (York County). There was a disagreement on price. (Text conversation) I told him this would be the last time I worked for him, no hard feelings. I've done many jobs for him, always had to chase him for payment. This was the last straw. He's ignored repeated mailings (me) and calls (collector). Can I use small claims? Or other options? Amount $275 from 9/2018. He lives in $1M house, said seller was to pay him $225. HE quoted before talking to me. So dispute is over $50. If he weren't such a jerk I would offer less. Can I mail letter to buyer's realtor? I can't find seller of house. Thanks.
1 Answer from Attorneys
I know that when you are in business you have to collect as much money as you can. However, you have to decide if the amount of money is worth your time as it seems you will spend about as much suing. You can sue in small claims, but you will have to sue in union county. Next, you have to sue whomever you dealt with. If he has a company such as an LLC, you have to sue it...not him directly. And collecting from the company will maybe take some effort if it even has assets. If it doesn't then you sue him to pierce the corporate veil. That has to be done in district court as magistrates of small claims can't hear those. AND DO NOT CONTACT THE buyer or buyer's agent...that is risky. You will have to get advice if under SC law you could have a lien on the property.
But from now only get a contract for ALL jobs