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Small Claims Question - North Carolina - What County to File In??

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simmonsj53

Junior Member
Hello... I was 'scammed' out of $2900 from a General Contractor for work TO be done on my home. Never saw or heard from this person again. I feel like a fool, for not doing my 'homework', etc.. I filed a complaint with the NC Attorney General's Consumer Affair's Division. After four or five letters to the Owner/Scam Artist requesting he respond to my complaint, NO RESPONSE. ZERO Nothing..

Last letter from Atty Gen. office, 8/1/2016, suggested I take it up in Small Claims Court. I know how to file, try to collect, etc. However, I have a concern in which county to file my Small Claims Suit. See Below..

This guy advertises on Craigslist, FaceBook, and several Websites. His ads indicate he will work in Wake County, Cumberland County and Guilford County, all in NC. And he prefaces the ads with (ie COUNTY and Surrounding Areas) All the Business Addresses in anything I've seen online are in Wake County. (Where I live) The only exception, is the receipt for my $2900 paid to him, on his 'letterhead' which has his personal address and his 'business' address the same. He lives in Chatham County NC. which is a location he doesn't advertise to work in.

According to the NC Small Claims Guidelines.. 'You must file your suit in the county where the defendant lives. If the defendant is a business, file your suit in the county where it does business. Cases can sometimes be dismissed if it is filed in the wrong county.

I don't even know if this is a Business. Not a BBB member, not licensed, etc. Anyone can advertise on the web for free, and make a graphic business letterhead.

Could anyone provide any information regarding where to file? Can't afford to hire a lawyer, widowed, retired, and on a fixed income, and out $2900!


Thanks.. julie s. p.s. Hope this was not that hard to follow... sorry if it is..
 


FlyingRon

Senior Member
First off, give up the concept of the BBB. The BBB has no force to do anything. Unless the business choses to participate, all they can do is keep track of complaints in his file.

In Small Claims actions you have no choice in North Carolina. You must file where the defendant resides. This is different than regular civil court actions that give you some more claim for venue.
The "paraphrase" of the law you are quoting is misleading. Even if the PERSON operates a business (sole proprietorship), you need to sue him where he lives. If it is an LLC or Corporation, you have to sue him in the county that is maintained as their registered agent/location. Where he "claims" in advertisement to serve has no bearing on this at all.

This is distinct from if you sued in regular court where you could sue him where the cause of action arises (i.e., your house that he was working on).

So for the first step, you need to understand if you're suing a person or corporation (ignore the term "business").
 

simmonsj53

Junior Member
FlyingRon... THANKS!!

Thank you for your response. Very clear... BTW - The information I was quoting, regarding what county to file in, was in the packet that the Attorney General's Office sent me with the last letter..

Regardless.. Thank you so much. I am very relieved, and am driving to Pittsboro in the morning.

I appreciate your kindness.. julie s.

p.s. I couldn't figure out how to reply directly to your post...
 

FlyingRon

Senior Member
Thank you for your response. Very clear... BTW - The information I was quoting, regarding what county to file in, was in the packet that the Attorney General's Office sent me with the last letter..
I understand that. I found the same quotation when I searched for it. It's not what the law actually says however.

Anyway, good luck, and yoru response worked just fine (we prefer them to just follow up in the threads rather than personal mesages).
 

adjusterjack

Senior Member
Regardless.. Thank you so much. I am very relieved, and am driving to Pittsboro in the morning.
Don't be too relieved yet.

The unfortunate downside to all this is that you might end up with an uncollectible default judgment against a fly-by-night contractor.
 

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