Nick Mackey

CHARLOTTE, N.C.-- Nick Mackey, who was elected in November to the N.C. General Assembly, has been charged criminally with failing to turn over business documents in connection with a civil lawsuit and a judgment against him for nearly $100,000.

The misdemeanor charge is related to a July judgment against Mackey's law firm for unpaid rent, attorneys fees, interest and other costs that now total $101,402, according to court records.

The judge issued the default judgment against Mackey & Associates for $85,094 for breach of contract and $12,764 for attorneys' fees. The judge's ruling also calls for Mackey to pay interest until the judgment is paid in full.

The offense is punishable by up to 120 days in jail.

Mackey, scheduled to be in court Tuesday, told the Observer on Friday that he intends to pay off the debt.

Mackey said he had been asked to turn over the names of the owners of his law firm, any property owned by the law firm and any debts owed to the law firm. He said he sent that information to the Mecklenburg County Sheriff's Office a few months ago to be turned over to his landlord.

A sheriff spokesman said Friday the office had not received the information from Mackey.

The landlord, 212 South Tryon Limited Partnership, is seeking the information in an attempt to get any money Mackey's law firm has to pay off the judgment.

“We'll go to court and I'll show them when I sent the information,” Mackey said. “We'll get it worked out. It's no big deal.”

Mackey said he plans to pay what he owes. “I can't write them a check for it. I don't have $100,000 in my check book,” he said. “I plan to work with them to resolve this.”

Mackey, a Charlotte lawyer and Democrat, in November defeated Republican Dempsey Miller of Huntersville to represent N.C. House District 99. He defeated six-term incumbent Drew Saunders in the Democratic primary.

Mackey will get a $13,951 salary as a House member and will have a $559 monthly expense allowance. He'll also receive $104 a day when the General Assembly is in session.

Mackey's landlord sued his law firm last March. His rent was $6,422 a month for offices in the Johnston Building at 212 S. Tryon St., according to court documents.

The lawsuit alleged that Mackey had fallen behind on his rent in 2007 and missed multiple payments in 2008.

Mackey, who signed the lease agreement in 2005, told the Observer in May that he wasn't able to pay rent for the first three months of 2008 because he had rented some of his space to other businesses that later moved out.

“The rent was paid for the entire time I was there with the exception of January, February and March,” Mackey said then. “I moved out the first week of March.” In the default judgment – typically granted when a defendant doesn't respond to a lawsuit – the judge wrote that the law firm of Mackey & Associates had not filed an answer or any other pleadings and that the time for such filings had expired.

Mackey was embroiled in controversy in 2007 as he sought to replace outgoing Sheriff Jim Pendergraph and won the local Democratic Party's vote for the post. Formal protests led to an unprecedented showdown in February 2008 when the state Democratic Party threw out the results because voting precincts had been improperly organized.

During his campaign for sheriff, questions surfaced about Mackey's background – including allegations that he had lied about the hours he worked as a Charlotte-Mecklenburg police sergeant and that he resigned from the force in 2003 while facing possible firing. Mackey denied any wrongdoing.

In January 2008, Mackey was convicted of contempt of court for failing to show up for a client's trial. Mackey has appealed and the case is pending.

Staff writer Mark Johnson and researcher Maria David contributed to this story.