Legal Question in Credit and Debt Law in North Carolina
My elderly mother, and me as her Legal Guardian, have been asked to pay for yard services rendered since May 2009, that were never billed. The last invoice was received and paid for April 2009. The individual who does the yard work says he had other issues going on but my assumption was he was doing the work at no cost since he is a neighbor and my mother lived across the street from him. Now he wants $5,000.00 paid for those past services. We live in Raleigh, NC. My mother does not have this to pay and now lives in Skilled Nursing, but we still have her home. Should I find some way to pay it as her Legal Guardian and fiduciary? thx
1 Answer from Attorneys
Whatever gave you the idea that this was free? It is wrong to get services, accept the benefit of them and not say a word. You should have said something.
That all said, the statute of limitations in NC is 3 years. Anything done prior to March 8, 2012 is time barred. Any invoices remaining are going to be time barred in a few weeks so if the person does not sue by the date of the last invoice, then you are totally home free.
What I would do is send him a letter and maybe offer to pay for only those services rendered after March 8, 2009. Tell him that you are the guardian, that your mother is in assisted living and has no assets, that he had no business providing these services without obtaining your approval since you are the legal guardian and that any old invoices are time-barred. Offer him whatever sum you are offering and tell him to take it or leave it and see what he says.
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