What kind of legal advice I should seek?

Asked over 3 years ago - Raleigh, NC

I lend a person some cash money. Now he refuses to even recognize me. I don't have any written agreement. But, I have enough evidence in form of email and text messages that can prove that he owes me money. What can I do to file a complaint about that person?

Attorney answers (2)

  1. David S. Henson

    Contributor Level 11

    Answered . It depends on the amount of money that you lent, and the terms of the oral agreement. If it is less than $5,000 then you may want to consider filing a claim in small claims court, which is a part of the District Court Division in North Carolina. You case would be heard by a magistrate, and usually the parties involved are not represented by lawyers. If you lose in small claims court, then you can appeal to District Court.
    If the amount of money borrowed is more than $5,000 then you might want to consider getting a consultation with a general civil litigation lawyer.

  2. Thomas Smith Howard

    Contributor Level 8

    Answered . Your question involves specific issues of the law in North Carolina. Since I am not licensed in that state, I cannot offer legal advice about those issues. That being said, most courts have small claims parts that can deal with issues such as yours, and, depending upon the amount of money involved, you might qualify. I suggest that you contact your local court and ask. If the amount of money involved is more than the small claims court allows, you should consider hiring an attorney to advise you further and, if appropriate, to pursue a lawsuit.

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