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How can I collect unpaid road maintenance fees from a neighbor?

How can I collect unpaid road maintenance fees from a neighbor?

Full question:

There are 6 family's that live on a private road which we maintain. We had gravel put on the road at a cost of $186 per family. There is one woman refusing to pay her share even though in her purchase agreement she agreed to pay an equal share for road maintenance. The deed was filed in the court house. She appears not to have a job, has 1 vehicle and 3 acres with a mobile home on it. Which I think she owns. I am trying to collect the money without spending a lot of money. The small claims court is heard by the clerk of court and requires a $225 deposit and my understanding is that even if you win they can not collect the money. You have to get a lawyer to collect. What is the best, least expensive way to collect the money if any?

Category: Judgment Liens
Date: 04/07/2025
State: Louisiana

Answer:

The most cost-effective way to pursue someone for unpaid money is by filing a claim in small claims court. You can include your lawsuit costs in the complaint. If you win, the court can grant you a judgment, which can then be used to request a lien on any property the debtor owns. A judgment lien can cloud the title of the debtor's property, making it difficult for them to sell it without addressing the debt.

If the judgment remains unpaid, you can ask the court for an "Order for Examination of Judgment Debtor" to find out where the debtor works, where they keep money, and what assets they have. Additionally, you may seek a wage garnishment order, which requires the debtor's employer to withhold a portion of their earnings to pay the debt. However, some income types are exempt from garnishment, such as Social Security and unemployment benefits.

Keep in mind that even if you win a judgment, collecting the money can be challenging without a lawyer, as you may need legal assistance to enforce the judgment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How far is the right of way in Ncdot?

In North Carolina, the right of way width can vary depending on the type of road and its classification. Generally, for state highways, the right of way can range from 40 to 100 feet or more. Local roads may have narrower right of ways. It's best to consult the North Carolina Department of Transportation (NCDOT) for specific measurements related to a particular road.

What is the right of way rule in NC?

In North Carolina, the right of way rule allows certain vehicles or pedestrians to proceed first at intersections or when merging. Generally, vehicles on a main road have the right of way over those entering from a side road. Additionally, pedestrians have the right of way at crosswalks. Familiarity with these rules helps prevent accidents and ensures safer road usage.

What is the width of the NC State road right of way?

The width of the right of way for state roads in North Carolina typically ranges from 40 to 100 feet, depending on the road's classification and location. Some major highways may have even wider right of ways to accommodate additional features such as shoulders and drainage. For precise information, refer to the North Carolina Department of Transportation.

What is the right of way law in NC?

The right of way law in North Carolina governs who has priority on the road. It includes rules for vehicles, pedestrians, and cyclists at intersections and crosswalks. For example, vehicles must yield to pedestrians in crosswalks. Understanding these laws is essential for safe driving and compliance with state traffic regulations.

How wide is the state right of way in NC?

In North Carolina, the state right of way width can vary significantly. For primary highways, it often ranges from 40 to 100 feet. Secondary roads may have narrower right of ways. The specific width can depend on the road's purpose and design, so checking with the North Carolina Department of Transportation for exact measurements is advisable.

What is the right of way through my property?

The right of way through your property refers to the legal right for others to pass through or use a designated area of your land, typically for roads or utilities. This may be established by easements or public road designations. If you have concerns about a right of way on your property, consulting a local attorney can provide clarity on your rights and obligations.