Legal Question in Civil Litigation in North Carolina
my husband loaned some money to a friend now he refuses to pay it back. what can we do?
1 Answer from Attorneys
Sue him.
That is the short answer. You don't relate a lot of facts. Is there a promissory note which he signed? Was the loan payable in installments? Or on demand? Has a written demand been made? Has he made any repayments at all? How were the repayments made if at all? How long has it been since he last paid or was supposed to pay? What is the balance owed? Where does he live, NC or out of state?
Depending on the answers, that will dictate what you do next. If no written demand has been made (email does not count), then send it by some means where you can prove it (like certified mail). People play games with certified mail so I prefer UPS or FedEx. It costs more but it is so worth it.
Ask for some kind of response. If he does not respond, then, if the amount owed is $5000 or less, you can sue him in small claims on your own. Sue him in the county where he resides. If he lives out of state, you will either need to sue him in the state where he lives or here, if NC had jurisdiction over him. If he does not own any property here, then I would not sue here even if NC had jurisdiction as any judgment entered in NC would have to be transferred to where he does have property. Some states allow wage garnishment, but NC does not. If he owes more than $5000, then you will need an attorney to sue him in regular court. You will either need an NC attorney if he lives here or an attorney in the county/state where he lives. Any general civil litigation attorney, preferably one who specializes in collections, should be able to help you.