Can I sue someone out of state for this?

[Mike1973]

North Carolina

I loaned(invested) a family member $10,000 to help with their business a year ago. I have not recieved any payments back and he said the business went belly up.

He is in CA and so was the business.

Can I sue and make him come here to NC for court and if so what court?

Lastly, what can he do to not have to come here?

Thank you for your time.

 

[I AM ALWAYS LIABLE]

North Carolina

I loaned(invested) a family member $10,000 to help with their business a year ago. I have not recieved any payments back and he said the business went belly up.

He is in CA and so was the business.

Can I sue and make him come here to NC for court and if so what court?

Lastly, what can he do to not have to come here?

Thank you for your time.

My response:

Well, which was it - - a loan, or an investment?

If you do sue, you'd have to sue in California. That's where the money was used, and that's where the business went belly up, and that's where the defendant is domiciled. My guess is that he has no "minimum contacts" with NC, so the California court in his county would be the place to sue - - IF you have "standing" to sue.

I'll wait for your response to my initial question, along with you telling me what paperwork you have that proves the money changed hands; e.g., an agreement.

IAAL

 

[Mike1973]

Thank you for your time IAAL.

It was an investment. I invested the money for ATM machines in which he was to place and install in storefronts. I was to receive no less than $400 per month in residuals from the machines (off of the surcharge).

The contract was a simple one page document drawn up by my uncle, signed by him, and mailed to me. I then issued 3 different checks totaling $10,000. The form "estimated" a certain amount of ATM transactions to be done by the machines, based on typical data.

I did not sign anything back.

 

[I AM ALWAYS LIABLE]

Thank you for your time IAAL.

It was an investment. I invested the money for ATM machines in which he was to place and install in storefronts. I was to receive no less than $400 per month in residuals from the machines (off of the surcharge).

The contract was a simple one page document drawn up by my uncle, signed by him, and mailed to me. I then issued 3 different checks totaling $10,000. The form "estimated" a certain amount of ATM transactions to be done by the machines, based on typical data.

I did not sign anything back.

My response:

Since this was an investment, you have no standing to sue. You lost, just like the business owner lost when the business went belly up. You rolled the dice, took a chance, and shot craps.

IAAL

 

[Mike1973]

Thank you for your response.