NC small claims courts; defendant out of state - can't sue? (for rent, lawyer) - City-Data Forum

NorasMom · 05-12-2011, 03:21 PM

I need to take someone to small claims court - an out of state landlord - for my security deposit. Long story. Anyway, I just found out that in New Hanover County, the defendant needs to live in the same county; otherwise, the case is tried in the county of the defendant. I didn't see anything about another state, though. The defendant owns the property in New Hanover, but he doesn't live in NC. Am I out of luck? It seems like I shouldn't be, there must be a way, but I don't know if I'm keen on flying to his state over a security deposit. Anyone know?

GCharlotte · 05-12-2011, 05:31 PM

Quote:

Originally Posted by NorasMom

I need to take someone to small claims court - an out of state landlord - for my security deposit. Long story. Anyway, I just found out that in New Hanover County, the defendant needs to live in the same county; otherwise, the case is tried in the county of the defendant. I didn't see anything about another state, though. The defendant owns the property in New Hanover, but he doesn't live in NC. Am I out of luck? It seems like I shouldn't be, there must be a way, but I don't know if I'm keen on flying to his state over a security deposit. Anyone know?

I'm not a lawyer but what you're looking for is personal jurisdiction for the court. Them doing business in NC should be enough but there's a gotcha. All the other side has to do is remove it to a Federal court based upon what is known as diversity jurisdiction. Chances are they won't do this based on the cost of filing a removal but chances are they aren't going to show up for small claims court either.

Legal Aid of NC actually says you have to sue them in their home county but I don't know how true that is since they own the property in New Hanover. LANC - Small Claims Booklet - Ch. 2

Regardless, it seems you'll need a different remedy. If you have a strong case and a large deposit to get back then find a lawyer who will give you a free consultation.

Before doing that I'd also check here to see if the company is an LLC or INC registered with NC: North Carolina Secretary of State because it will be easier if they are.

And then search Google for the New Hanover County Register of Deeds to run an Assumed Name check against the name of the complex to see if ou can match it to an LLC or INC at the SOS page above.

If they are a legal entity in NC then they may have to answer your claim but it isn't going to be simple as long as they can claim lack of jurisdiction.

NorasMom · 05-14-2011, 08:55 PM

Thanks - this has me to aggravated. It looks like I may be able to take him to District Court (or so I found on a question asked by someone on some sight). I just don't want to give this guy free money when my case is really clear. Grr.

QuilterChick · 05-15-2011, 06:32 AM

Quote:

Originally Posted by NorasMom

I need to take someone to small claims court - an out of state landlord - for my security deposit. Long story. Anyway, I just found out that in New Hanover County, the defendant needs to live in the same county; otherwise, the case is tried in the county of the defendant. I didn't see anything about another state, though. The defendant owns the property in New Hanover, but he doesn't live in NC. Am I out of luck? It seems like I shouldn't be, there must be a way, but I don't know if I'm keen on flying to his state over a security deposit. Anyone know?

You need to go to the Clerk of the Court in the NC County where the property he owns/you rented is located; if the clerk doesn't know the answer, go to the District Atty's office or a Magistrate's office at the courthouse. They will tell you where you have to file a small claims action. Just because he owns property in NC, he cannot get away with theft. He has to follow the Landlord Tenant Laws of the State of NC.

ryanrox · 05-19-2011, 06:10 AM

This may not be the right thread but heres my legal story..
"Back in early aug of 2010? we have a "friend" move in with us. He has only paid maybe 300/600 in rent for living there for the last 8 months. I now have a signed form from his stating that he is going to pay his dues which were 280/month for rent and then h20 and electric. I have signed form from him and a witness saying that he will be paying 100/month for living with us to make us his dues. Is this enough to take a small claims against him. He does not reply to my texts or phone calls and will avoid contact with me. I do not want to do anything to cause trouble meaning beating up for my money which he owes me $1000!! If it were a little less amount I would pass it by and not worry about it. Please help me, I do want to take action him because he has caused so much drama and stress he owes me my money.

Thanks.

ADQ Automotive · 12-29-2011, 07:45 PM

Check out North Carolina General Statute 1-75.4. If you do business in the state of North Carolina, you are subject to be sued in North Carolina, regardless of where you live. I dealt with this issue when I had to sue a customer over a fraudulent chargeback. If he chooses not to show in court, they will rule ex parte in your favor.