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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35374
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was dating someone in North Carolina that I loaned a lot

Customer Question

I was dating someone in North Carolina that I loaned a lot of money over a period of 5 months. I have copies of all the text messages saying he would pay me back (about 150 pages of every text) and cell phone bills verifying the date/time and number from which the texts originated. I also have a copy of a hand written letter saying to "keep track of everything and he would pay me back". Naturally, when he didn't need me any longer we aren't dating. Do I have a case?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me how long ago the last loan was made?

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What is his response to your request for repayment?

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How much money are we talking about?

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Do you know where he is currently living?

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thanks

Barrister

Customer: replied 9 months ago.
The last amount was just this past April. It was about 9400.00 over a period of 5 months. His response was "He will try, when he is caught up". Yes I know his home address.
Expert:  Barrister replied 9 months ago.

Ok, if there was never any set terms for repayment, then this would be considered payable on demand, meaning that you have the right to request payment at any time. If he refuses or is putting you off, then your recourse is to file a civil lawsuit based on breach of contract. This is a pseudo written contract since even though there is no actual contract, you have written evidence of the agreement, and the loans, and his agreement to repay you, all of which can be used as evidence.

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However, this is over the NC small claims limit of $5,000 so if you wanted to sue him for the entire amount at once, you would have to hire an attorney and sue in a higher court. But if you made many individual and separate loans, you could sue for several of them up to $5,000 (the oldest debts) and get a judgment, and then sue for the newest ones after you make a written demand for payment on the newer debts.

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NC doesn't allow for wage garnishments, but you can lien real estate, seize bank accounts, and have the sheriff seize and sell personal property to pay the judgment.

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thanks

Barrister

Customer: replied 9 months ago.
I have documents that say NC changed the limit in small claims to $10k. My thought is to send the small claims papers filled out with a "final" "final" demand. Would you recommend that?
Expert:  Barrister replied 9 months ago.

The amount in controversy in a NC small claims action may vary from county to county, depending on local rule, and may range from $5,000 to $10,000.

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So if he is in a county where the limit is $10K, then great, you won't have to break it up into two lawsuits over separate loans..

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My thought is to send the small claims papers filled out with a "final" "final" demand. Would you recommend that?

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Here is the thing....if you give him a "heads up" that you are going to file suit, some people will pack up and move somewhere else so you can't find them. If this is a possibility, then you don't want to show your cards and it is better to just file the suit and then dismiss it later on if he pays you or you settle on something.

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But if you don't think he would take off on you, then that might be an effective last chance... However, if it was me, I would file the suit while I still knew where he was, get him served, and then give him the chance to settle it outside court.

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thanks

Barrister

Customer: replied 9 months ago.
I just want to make sure verified text messages and a hand written letter would provide enough evidence. I don't want any way of him saying it was a gift and being embarrassed.
Expert:  Barrister replied 9 months ago.

Yes, that type of evidence is commonly used to prove the existence of a contract these days as most people communicate electronically more than in actual written pen and paper correspondence. So as long as the texts and letters acknowledge the debt as loans and promise repayment, you are good to go.

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thanks

Barrister

Customer: replied 9 months ago.
Awesome, thank you!
Expert:  Barrister replied 9 months ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister