Legal Question in Credit and Debt Law in North Carolina
Had wind damage to roof of home Spring of 2007. Insurance paid part of cost and we were responsible for balance. We paid most up front and worked out payment with roofer. He gave us guote signed. Came back and said it was in error and upped it. My Husband said fine. We paid all but the final $200. When we tried to pay the final $200, the roofer could not be reached by phone or mail. He disappeared. Now he is back knocking on our door after almost 7 and a half years says we owe him still. He started at $1000 when he knocked on the door two weeks ago. My husband told him to get his paperwork together and bring it back. He showed up at our door yesterday and my daughter did not open the door because she did not know him. She watched him write up an invoice and he put it in the door for $1600.00 What is the time limit for him to have collected the balance of the amount owed? and what should we do about him at this point?
1 Answer from Attorneys
The time has expired. Statute of limitations in NC is 3 years (4 years for contracts governed by the Commercial Code) unless this was a contract under seal. What under seal means is that it contains language like "whereto I have set my hand and seal this x day of y month, year." It is then notarized. Examples of contracts under seal are mortgage loan documents.
If your contract contains no magic language like this then it is probably a standard contract governed by either the regular or UCC statute of limitations. Let's be generous and say the 4 year statute applied - if the work was last done in 2007 then the statute would have expired in 2011. Its now 2014.
This guy could have filed a lien on your property and then sued if money was owed. The fact that he did not avail himself of his rights is too bad for him. You snooze you lose.
A debt dispute/cease and desist letter needs to be sent to this guy preferably by a lawyer disputing any liability here. Failing that, I would look on the internet for what I call "drop dead" letters (you are telling the roofer in a nice way, to "drop dead" because you are not paying). Samples abound. Send the letter by UPS/FedEx with signature tracking if you are sending the letter to his home.
If he tries to sue in small claims despite the letter, it will be worth it to hire a lawyer just to watch the lawyer make mincemeat out of the roofer and get the case tossed.
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