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Small Claims with a twist...

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bubbs2k5

Junior Member
What is the name of your state? I live in North Carolina. A so-called friend (hereafter defendant) lives in New York. The defendant fell on hard times (moving expenses, changed jobs, & car accident) and I offered to loan her $500 to be repaid "whenever" (verbal agreement). I mailed the defendant a check for $500 that was cashed on April 15, 2005. Since that time she has been able to afford a vacation to visit her brother in Rancho Cucamonga, California. Prior to October 2005 the defendant customarily initiated phone calls to me approximately once every two to three weeks over the past year. After getting behind on some of my own bills and considering she could afford a vacation, I decided to contact (for about three weeks) her to discuss repayment of the loan. After a couple voicemails, a couple emails, and a text message in which I made it clear I was attempting to collect my money, she finally called me back on October 21, 2005. She immediately accused me of molesting her daughter when the child was approximately four years old. The child is now between the ages of 11-14. I, at the time would have been between the ages of 14-18 in the years 1993-1997. The defendant said her daughter told the defendant's mother on or about August 15, 2005 that I molested her when she was about four years old. This accusation is completely false. The defendant stated that this was the reason she was avoiding me. She also stated that now she was going to have to send her daughter to therapy and get a lawyer to straighten this out. During our brief conversation the subject of repayment of the loan did not occur due to me being completely shocked at the accusation and the defendant also ended the conversation abruptly by hanging up on me. The fact that she has been considering (maybe debating is a better choice) taking her daughter to therapy and possibly consulting a lawyer for as long as two months is somewhat suspicious to me, as well as not confronting me about the situation until I tried to contact her about repayment of the loan. I have the defendant's current work phone number, current cellular phone number, and old address. Attempts to get the current address from family members has been unsuccessful. I have been a friend of the defendant, a friend of her family, and a close friend of her youngest brother (who, now, won't return my calls) for about 14 years. I have never been alone with her daughter and feel that it may be possible that her daughter was molested but the defendant's daughter's recollection has been clouded by the length of time that has elapsed since the alleged incident. To the best of my knowledge only the defendant's family and my own family know of the alleged incident.

Intuitively I feel that if I shut my mouth and did not pursue the matter further, I would never hear from this person again.

My questions are:

1: Do I have a strong case for small claims court in the matter of the $500? If so, would it be possible to make a claim and have a trial in North Carolina? What are some opinions on this claim maybe being more trouble than it is worth?

2: How can I legally obtain (preferrably at no cost) the defendant's current address so that I may be able to file a claim?

3: Should I contact the defendant to get a "yes or no" answer to her decision about the repayment of the loan? If so, should it be in writing/ceritified/notarized/return receipt or is email admissable as evidence? What should be my next step if the defendant does not respond?

4: Do I have grounds for a slander lawsuit?

Any help would be appreciated.
 


JETX

Senior Member
bubbs2k5 said:
Do I have a strong case for small claims court in the matter of the $500?
You certainly have a case against her. How strong or weak can only be determined by hearing the evidence presented by both sides.

If so, would it be possible to make a claim and have a trial in North Carolina?
You can file in NC. However, the defendant can file a motion to challenge your venue. It will then be up to you to argue that NC court has jurisdiction in the matter. With the check being requested while you were in NC, made out in NC, bank in NC and mailed in NC.... that should not be too hard to do.

What are some opinions on this claim maybe being more trouble than it is worth?
Far too many to note..... and not enough information. Example: If you make $300 or more an hour, $500 is hardly enough to litigate over. If you make $5.00 per hour.... it might be.

How can I legally obtain (preferrably at no cost) the defendant's current address so that I may be able to file a claim?
Lost of possible ways.... including sending her a letter at her old address asking for 'Address Service Requested'.

Should I contact the defendant to get a "yes or no" answer to her decision about the repayment of the loan? If so, should it be in writing/ceritified/notarized/return receipt or is email admissable as evidence?
Why?? Sounds to me like her mind is already decided.

What should be my next step if the defendant does not respond?
Towards the courthouse.... or forgetting about it. Your choice.

Do I have grounds for a slander lawsuit?
No.
 

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