Legal Question in Civil Litigation in North Carolina
I have a girl that owes me 200 dollars and she won't pay it back. I have called an asked nicely and been extremely understanding to her situation. However she always has an excuse about why she can't pay it back.
1 Answer from Attorneys
Send her a written letter via certified mail. See if she will respond and at least acknowledge the debt. You can try to get her to sign a written agreement whereby she will promisee to pay a certain amount per month. If not, you can try to sue her, but if you did not have a promise to repay in writing or a cancelled check with "loan" written on the memo line, you may be stuck if she claims that this was a gift.
Life's lesson - don't loan money unless you get a written promissory note. You may justs want to move on. It will cost about $70 to file and another $15 for the sheriff to serve the complaint. Yes, you can get these costs back, but only if you recover a judgment. And even then, there is no guarantee that she will pay the judgment. We do not have wage garnishment in NC and the amount is so low that the sheriff is unlikely to execute. And even if he does, execution costs more money that you will have to pay.