Legal Question in Civil Litigation in North Carolina

Collecting owed money...

I sold a set of speakers to a gentleman in North Carolina. We exchanged multiple emails reqarding the purchase. We agreed to $1025 including shipping. I shipped FedEx, he signed for the speakers and I have not received payment. He emailed me that the money has been sent and now won't answer email. Can I sue? Is email a a ''real'' contract?


Asked on 11/16/04, 1:48 pm

2 Answers from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Collecting owed money...

In Michigan, you don't need anything in writing to have a contract. In this case it appears that you have e-mails and the goods receipt to support a contract. The real question is where the contract was formed, whether in Michigan or North Carolina. Yes you can sue, but it is possible that the action could end up in North Carolina. Also, collection on a judgment would realistically have to be pursued in North Carolina. If you have any questions, please contact me at (248) 305-5840.

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Answered on 11/18/04, 4:51 pm
John Kirby Law Offices of John M. Kirby

Re: Collecting owed money...

I believe the answer in N.C. is that the e-mails would satisfy any requirement that there be a sufficient writing. There appears to be a valid contract, and perhaps a breach by the buyer.

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Answered on 11/18/04, 8:55 pm


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