Legal Question in Credit and Debt Law in North Carolina
I need to have a Summons served on someone for a defaulted Promissory note in the amount of $4500. My question is: The Defendant's legal address (where he pays taxes) he no longer lives at. He has left, and left no forwarding address. He lives with a Lady in a different county, and works in yet ANOTHER county. My question is: What county (out of the three) do I need to file my Summons in and proceed with this matter to try and have him served, LEGALLY??
2 Answers from Attorneys
Might need more information - you should read the venue statutes but typically you can file it in your county if you file in district or superior court. If you are filing in small claims, have to file it where he resides.
- Jeff
Have you aked this question before?. Assuming you are filing in small claims court, then you file in the county where he resides, not where he works or at the no longer valid address. If you go to district court (this is a district court case), you can file where the contract was made or the money loaned, which might be your county. The problem is that you will need a lawyer for district court (unless you are very very competent and can draft your own complaint) and you have a valid address where this man can be served.
Again, you will need to hire a private investigator or use a people finder service or track him down yourself to see where he lives in order to get an address where he can be served.