Legal Question in Credit and Debt Law in North Carolina

I loaned an individual some money for sixty days. He signed a note with 5% interest till paid. It has now been over 4 years and he still owes me half the balance. Can I sue him and also make him pay attorney fees and court costs?


Asked on 10/21/12, 5:18 pm

1 Answer from Attorneys

You can recover court costs if you prevail. The borrower will only be responsible for attorney fees IF the promissory note that was signed obligates the borrower to pay them.

A more pressing issue for you though is why you have waited 4 years. The statute of limitations in NC is 3 years for most debts. However, I don't know w hat kind of a promissory note the borrower signed. You mention that the note was to be repaid in 60 days. When 60 days came and went, did you make a written demand on the borrower? Possibly if you did not the statute of limitations would not start. I suggest you go and have an attorney review the promissory note and any other documentation (such as a written demand). If nothing else, perhaps the attorney will write to the borrower on your behalf and make the demand. If the statute of limitations has not expired, then I would file suit immediately.

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Answered on 10/21/12, 9:50 pm


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