Q: How do I file a judgement against someone that owes me money and has stopped payment?
I own a independent car dealership. I sold a vehicle to a buyer. The buyer didn't submit the title as required to dmv showing his bank as lien holder. He then sold the vehicle and collected the payment and never paid his bank back. The bank then came after me for not ensuring that the paperwork was submitted to dmv. They garnished my bank account for the $10000 he owed them. I now need to file a judgement against the buyer in attempt to collect the money back. How do I go about doing this? Thank you.
A: In North Carolina, the maximum limit for small claims is $10,000 and the action must be filed in the county where the defendant resides. If you are unable to file small claims, you must file in district court. The action starts with a summons and complaint and there is no set form for the complaint. You can review the North Carolina Rules of Civil Procedure for guidance if you choose to do this on your own. However, I would advise retaining a lawyer to assist if you are filing in District Court.
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