How to collect an out-of-state debt?

Our NC company sold $8,000 in goods to a business in SC and have not been paid for over 1 year. Our inter-company collection efforts have not been successful. How can we go about suing for the debt? Is is possible to do this on-line in SC? Do we need to hire a lawyer to handle this who is from SC?

Asked on March 7, 2011 under Bankruptcy Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A lawsuit can be filed where the plaintiff resides (NC) or where the defendant resides (SC) or where the claim arose.

You could file your lawsuit in NC and have a process server in SC serve the SC business.  For convenience such as court filings and court appearances, it would be preferable to file your lawsuit in NC.  Your lawsuit would be for breach of contract.  Specifically, your lawsuit would be based on an open book account (the amount owed).  Your company's damages (the amount of compensation you are seeking to recover in the lawsuit) would be $8,000 plus interest plus court costs.  Court costs would include the court filing fee and process server fee.  You could retain an NC attorney and as mentioned above file the lawsuit in NC. 

You would need to check with the court clerk to find out whether or not the court allows documents to be filed on-line.  However, if you file in NC instead of SC, going to the NC courthouse to file the documents in person would be an acceptable solution.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.