Legal Question in Credit and Debt Law in North Carolina
I loaned a soon-to-be ex-Brother in law $4500 2 years ago, and have a signed Promissory note. It is now in default. He is no longer at his "legal" address,and has no forwarding address. I have been told he is living with a lady in the next county over. (Hearsay, from a legal point, I assume). He was employed in the NEXT county over. I mailed him a certified, restricted delivery letter notifying him he was in default. It was returned to me as "un-deliverable". I was told he no longer is employed there, and is working somewhere else. It is within the 3 counties, but I don't know which location, as the Busines has numerous locations. Strictly hearsay, I assume again. This person is "hiding", and I'm sure is being assisted by his co-workers and Family, as they have been affiliated with each other for many years. What is my correct method of collection at this point?
1 Answer from Attorneys
Nobody can hide. You can pay a private detective to find him and they will get an address. You are going to need it if you sue him and you have to try all other means before you can get service by publication.
If you cannot afford a private detective, then see what you can find on the internet - you may have to pay but there are reasonably priced people finder services out there. Failing that, do your own sleuthing - have someone who has seen him follow him about if they have time.
Once you get an address, you can sue in small claims in the county where he lives, whereever that may be.
Caution - just because you get a judgment does not mean that you can collect on it. Judgments are good for 10 years and earn 8% interest per year and can be renewed for another 10 years. But there is no wage garnishment in North Carolina and if he does not have a bank account or other assets in his name, he may have made himself judgment proof.
You also might find an attorney who will do this relatively cheaply to save yourseelf the aggravation. Chances are he will not respond to the complaint once it is properly served and if that is the case, you can get a default judgment. If he ever does want to get a house or have assets, then he is going to have to pay on the judgment.
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