QUESTION
My ex signed a promissory note in SC agreeing to pay for a debt. Two days later he moved to NC. Do I still have to sue him in NC?
Asked on Oct 15th, 2014 on Civil Litigation - South Carolina
More details to this question:
I sent a certified letter of intent to sue. He started to pay then stopped. He came to SC and verbally agreed to start paying the debt but never did. Do I still have to travel to NC even though he signed the promissory note in SC before he moved? How do I sue for the unknown costs for travel and lost wages if I have to go to NC? It's $3400 so it's a significant amount for me.
1 ANSWER
If you're suing your ex on a contract he made in SC, which was to be performed in SC (i.e. making payments to an SC resident), you can sue him in SC. If for some reason you had to sue him in NC you could not, unless your contract provided for it, recover your travel costs or lost wages. Absent a contractual provision or a statute providing for payment by the loser, each side is required to pay its own costs of litigation.
Answered on Oct 16th, 2014 at 9:55 AM