Filing in a different state and SOL question

[fmagnone]

What is the name of your state? Ca

I let an ex boyfriend burrow $2000 back in 2005 and now he won't pay me back. I have a written agreement from him to pay me back weekly til it's paid in full. My only problem is i live in CA and he lives in NC. We made the agreement in California. Do i have to go there to file the claim or can i do it here (ca)? Also i wanted to know what is the statue of limitataion in Nc?

 

[dcatz]

Do i have to go there to file the claim or can i do it here (ca)?

On the assumption that you're anticipating using Small Claims, you go back there. CA SC wouldn't have jurisdiction over this type of matter, and you couldn't properly serve him.

Moreover, even if you could, you'd have to "domesticate" the judgment in NC to enforce it. The costs get duplicated and the jurisdictional issue arises as a defense. Everything says that, if you're going to do it at all, you do it in his home state, where it can be enforced.

Also i wanted to know what is the statue of limitataion in Nc?

This is a CA agreement and the CA SOL is 4 years across the board. The NC SOL is 3 years on everything but a promissory note. Depending on when in 2005 the agreement was made, you either move quickly or argue that it's a promissory note, if that's your concern.

I'm going to speculate that it contained no "choice of law" provision, but I'd take the position that the agreement and breach ocurrred in CA and NC applies the CA SOL in any event.