Legal Question in Credit and Debt Law in North Carolina

Charlotte NC. I allowed someone to get lines under my sprint phone account and they never made payments. They agreed to pay off the debt but has yet to do so. I have copies of text and Facebook messages of the convos where they stated that they would indeed cover their cost. Do I have a case to take them to court?


Asked on 11/18/15, 10:24 pm

1 Answer from Attorneys

Since I have not seen anything, I cannot answer. You are not going to get the judge to order them to pay the bill. As between you and Sprint YOU are liable. Once you pay off Sprint, then you can sue the person for money owed. Maybe you will recover, depending on your evidence to show that the person agreed to be responsible. Magistrates do whatever the hell they want though so there is no guarantees. Assuming you win, the very important question you have to ask is how do you recover? In order to collect on any judgment you first have to serve the debtor with exemption papers. The debtor can exempt a lot of property in North Carolina. There is no wage garnishment. While getting a judgment may have value, the fact is that you are not going to see a dime if the person has no assets and does not care. Also, you can only sue in small claims if the debtor lives in North Carolina. You will have to sue in the county where the debtor resides.

Depending on how much is owed, I would chalk this up to a lesson learned on your part and leave it be because it is not going to be worth the cost involved if the debtor has no assets.

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Answered on 11/19/15, 1:19 pm


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