Legal Question in Civil Litigation in North Carolina

Re: Small Claims Court

You've got several problems. First, you need to "serve" him with the Complaint, typically either by Sheriff or Certified Mail. A P.O. Box is generally insufficient. Second, if you can find him, you would have to recover the judgment, assuming you prevail at small claims court. The fact that you paid in cash is not a big problem; your testimony will show that. It is really a cost-benefit analysis for you. You will spend upwards of $100 to file the Complaint and get him served. Assuming you win (90% e.g.), you will have to collect the Judgment technically (unless he voluntarily pays it). I might suggest finding out where he lives (not necessarily easy; try phone book, any contacts you have etc.), then send him a letter by certified mail, threatening suit. Also be aware that he can appeal the Small Claims ruling, which really complicates things. You may want to consult a lawyer for more information. There is probably some good information on the Net. E.g, http://www.nolo.com/lawcenter/state/small_claims.cfm/stateCode/NC.