NC Small Claims Court Question (loan, lawyer, home)

[mbchambers]

Greetings everyone:

I am planning to send a certified/registered letter to another citizen of Mecklenburg County requesting payment for money owed due to an attack on my dog by another dog (requiring surgery/stitches). In the letter, which I had looked over by a friend who is a lawyer in another state, I request payment within 10 days or I will begin legal proceedings in small claims court. This will be my 4th attempt to contact this person about this matter (the first 3 via email). Does anyone know if I am required to include anything else (self-addressed envelope, certain language) in the letter to help out if this does go to small claims court? I called the court but their recorded information only helps if you are filing or have already filed.

Thanks so much in advance.

[Hoagie58]

Originally Posted by mbchambers

Greetings everyone:

I am planning to send a certified/registered letter to another citizen of Mecklenburg County requesting payment for money owed due to an attack on my dog by another dog (requiring surgery/stitches). In the letter, which I had looked over by a friend who is a lawyer in another state, I request payment within 10 days or I will begin legal proceedings in small claims court. This will be my 4th attempt to contact this person about this matter (the first 3 via email). Does anyone know if I am required to include anything else (self-addressed envelope, certain language) in the letter to help out if this does go to small claims court? I called the court but their recorded information only helps if you are filing or have already filed.

Thanks so much in advance.

Depending on the amount of damages, it might be a wise move to let an attorney handle it for you. If the issue isnt resolved with a simple letter, and court is necessary, I believe attorneys fees can be included in the judgement- assuming you win.

[QC Misfit]

I would also send it certified mail. This way you will have record of sending the letter. I believe under $5k is small claims. Your probably only going to get a judgment if you win. Is it worth it really?

[GirlTravels]

There is a link on The North Carolina Court System Home Page to a guide for filing small claims actions. It may help you.

[pink caddy]

You might have the demand for payment (should you win) mixed up with just trying to get your money without sueing. Go ahed and file the claim in Sm Clm. court and get a date. Be sure the address of defendant is absolutely correct because the court will not allow you to move forward if they, the court gets the court papers back.

BTW--go to the web page of your city gov.---generally they will have all the info you need under Court System, Small Claims Part.

[pink caddy]

Im a slow typer--didn't see the post above me. Good advise.

[InSouthPark]

Yes, send the letter via Certified Mail with your intentions (and make sure you keep your paper work (and the letter) when the delivery reciept comes back to you).

If they do not respond in the time you ask, you will need to file a claim in small claims court.

If you are out more than $75 is it worth it. The costs are: $50-60 for court costs and $15 for sheriff delivery. You don't need an attorney for small claims court.

Just like the Peoples Court, you go in, explain your situation, judge rules. If you lose, you pay the court costs. If you win, defendant pays the court costs (if you mark the right boxes on your paperwork...also include interest in your paper work).

If they defendant doesn't pay after judgement, you have to get a writ of execution from the Sheriff (that also costs some money).

One small note, it can take up to 6 months from the time you file your claim until you receieve your money (if you win) so don't count on it happening very quickly.

[mbchambers]

Thank you all so much. The costs of my dog's medical expenses are about $300 so I would like to seek reimbursement...also, I think that as a responsible pet owner, it is your responsiblity to assume these kinds of costs if your animal causes any kind of injury.

The owner of the other dog indicated to several witnesses (this happened at an animal event) that she intended to cover the medical costs. She did not share this with me as I was already at the vet with my dog while she was treated. I am hoping the reason I haven't heard from her is because she does not check email....and that my letter to her will urge her to do the right thing without the need for court.

I appreciate the advice!

[ltyler77]

In december of 2008, I lent someone $860.00. In the signed contract that we both signed it stated that she has a month to pay the amount back. After that month was up I tried contacting her and didn't get a response. I called o few more times leaving messages each time letting her know of the balance that was now over due. She gave me a posted check for the amount of loan. I left messages letting her know that I would be cashing the check if I did't hear from her. I cashed the check which bounced in my account leaving a negative balance. I've since then tried reaching her several times and non response.

[sundrop]

well keep in mind that in court it is often times found that email isn't admissible as it is hard to prove that the recipient received it or that is was sent. I would send 3x via USPS and require a signature.
(I had a co-worker that experienced that in Mecklenburg County.)

Good luck, it is hard to take on those expenses especially in times like these.