Legal Question in Civil Litigation in North Carolina
question is this, about 1 yr and couple months ago i had a 05 chevy cavalier and my bf at the time took it one night, the law went to pull him and he fled which lead him to hit a tree and flip my car totaling it. the ins paid all of it but like 2000. The finance company put out a judgement on me for nonpayemt so i am trying to work something out and go ahead and get this paid off and off my credit, is there anything legally I can do to make him pay at least half
1 Answer from Attorneys
Yes and no. You will have to work something out with the lender. What was the value of the car at the moment just before the crash? Go to a dealer and use the Kelley Blue Book or go online and compare prices at www.kbb.com, www.edmunds.com or www.nadaguides.com. Whatever the value of the car is what you sue your boyfriend for. To the extent that you recover, you may have to reimburse the insurance company for what it paid out. You can sue in small claims for any sums up to $5,000.00. Anything over that is for regular court - anything up to $10,000 is in district court and anything over $10,000 is in Superior Court. I do not handle litigation and suggest that you contact a civil litigation attorney in your area. However, I can help you if you want to negotiate with your lender regarding the balance owed on your car.
Does your boyfriend have assets? Does he still live in NC or elsewhere? If in NC, judgments are good in NC for 10 years and can be renewed for another 10 years. NC does not have wage garnishment but Georgia and Virginia do so you can always sue him there is that is where he resides.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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