Q: How do you take someone to court for failure to make payments on money owed based on a written agreement?
An notarized agreement was made between an individual owning a restaurant and two other individuals loaning that person money. The person who received the money has failed to make payments as listed in the agreement and is now past due. This individual now owes the couple more than what small claims court usually takes care of in the state of NC. What legal action can be taken since the individual has been notified via text messages and through phone calls about the payments still required of them, however, no payments have been received.
A:
Contact an attorney who specializes in collection actions, preferably in the county where the debtor resides/their business is operated. You're in excess of the amount in controversy for a small claims action - it makes sense to at least reach out to an attorney to see if it's economically sensible to hire one.
Suing someone requires a specialized body of knowledge. You can attempt to do it yourself just like you could attempt to perform surgery on yourself, but individuals' results will vary.
A: If the amount is more than $10,000, then the matter will need to filed in District Court. If the parties owed the monies are individuals, they are allowed to represent themselves in District Court. However, I would recommend an attorney's assistance as the process can be complicated.
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