QUESTION

Cost to file lawsuit in North Carolina

Asked on Oct 08th, 2013 on Breach of Contract - North Carolina
More details to this question:
I live in California and want to sue someone who owes me $15,000 but now lives in North Carolina. Want to know cost a procedure. He is unlikely to contest.
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2 ANSWERS

Commercial Collections Attorney serving Raleigh, NC at Kurtz Law, PLLC
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I am not sure which question you are asking.  If you are asking about the court costs, costs imposed by the State of North Carolina, to file a lawsuit, you would likely file this action in District Court, which is a $150.00 filing fee.  The sheriff charges $30.00 per person for service.  There are additional small fees if you are unable to obtain service of the summons the first time. The filing of any motion which requires a hearing is $20.00.  Once a judgment is obtained, there are additional court fees for writs of execution and other post-judgment procedures.  Most are in the $20-30 range.  If you are an individual, you can file the suit and represent yourself.  If you an incorporated business, the business must be represented by counsel.  If you asking how much an attorney will cost, the answer varies. Some attorneys handle matters on hourly basis some on a contingency basis, which is a percentage of the amount collected.  You will need to contact individual attorneys to determine their hourly rate or other fee arrangements.  If the person previously resided in California, you can file suit there, obtain your judgment and then domesticate the judgment in North Carolina. This may be more cost-efficient for you. 
Answered on Oct 17th, 2013 at 11:32 AM

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Appellate Practice Attorney serving New York, NY
I don't know the cost of filing suit in North Carolina, but I am wondering why you wouldn't sue this person in California.  If I understand your question, it appears that this person used to live in California, and that the transaction in question took place in California.  If so, California should have jurisdiction over him/her for this lawsuit.  If you file suit in North Carolina, you may need to hire a North Carolina attorney and/or travel to North Carolina yourself, which will obviously cost you more than if you handle it yourself in California.  You may then have to domesticate the judgment in North Carolina (get the Court to recognize it in NC) in order to collect on it, but this should be easier than suing over the initial debt because the only question would be whether the California court had jurisdiction.  If it did, the NC court will not reconsider the underlying merits.  Also, you may be able to add the costs of domestication on to the judgment.
Answered on Oct 09th, 2013 at 12:31 PM

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