Legal Question in Landlord & Tenant Law in North Carolina
Tenant broke lease early and didn't pay final month's rent. When damages and expenses totaled after moved out, the tenant owes over a thousand dollars. They said they would pay it at first. Then, they asked to pay it in installment payments. When I presented them with a paper to sign that they would make these payments, they ignored it, so now in order to get the money due, I will need to take legal action. My big question is where to sue. I am in NC and that is where they rented from me. They moved to GA and I have found a service in their new state that would serve them papers, but the NC small claims court seems to indicate that I need to sue them where they live. How/Where do I best proceed with this?
1 Answer from Attorneys
where and how best to proceed will take more of an analysis.
First, you can sue them in here North Carolina as North Carolina has personal jurisdiction over them and the actions occurred here. The problem is you can only use small claims court to sue a person in the county in which they reside. If you sue in NC, you have to do so in District Court. If you get a judgment, then you have to domesticate it in Georgia and attempt to collect it under Georgia Law.
You can also hire an attorney to assist you in getting and collecting a judgment in Georgia.
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