North Carolina Recent Legal Answers from Lawyers

I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read Answer

An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is maintaining this file that you're talking about. If you're talking about the court file you should be able to get a complete copy of the court file (you'll have to pay the copy costs to the clerk) but if you're talking about child support enforcement's internal file, you are not entitled to a copy of that. You should definitely talk to a local attorney who can help you navigate this situation and get your payments straightened out.  To answer your last question: No, you dont need a lawyer to get a complete copy of your entire file, if you know what to do to get it on your own.  If you don't know how to get it on your own, then, yes, you will need an attorney to help with that.  ... Read Answer

One of you has to be the Plaintiff in the Divorce, and the other has to be the Defendant, so No, you cannot file together.   One of you would need to file the complaint, and then serve the other party.  Then there are additional steps that you would have to take to finish the divorce to include a court appearance.  You can look up North Carolina General Statutes, Chapter 50 and the local rules for your county to learn the steps you would need to take to do this on your own.  An attorney can make this process go alot smoother for you and can sometimes eliminate the requirement for you to appear in court altogether.  Please locate a local divorce attorney to schedule a free initial consultation to discuss the process more thoroughly.  You will receive much more information from an initial consultation, and afterward you can decide whether to retain the attorney or file on your own.  There is no obligation to hire the attorney after the consultation.... Read Answer

Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The bank just wants to be paid if you do eventually sell or refinance you home, or if you pass away. The more important issue is that you need to see a consumer bankruptcy attorney ASAP to determine your options, both bankruptcy and non bankruptcy. Either filing bankruptcy BEFORE a judgment is entered, or working out some type of resolution can prevent a "general unsecured debt" like a credit card from turning into a "secured debt". DO NOT WAIT! YOU ARE NOT "REQUIRED" TO FILE BANKRUPTCY JUST BY HAVING THE CONSULTATION. Get you advice from an experienced, NC licensed attorney. Financial hardship is NOT a legal defense. No state court Judge or arbitrator can force the bank to settle or offer you a payment plan that you can afford. All they do is decide if you owe the Bank for the debt and if so, how much. The only Judge who can do that is a bankruptcy judge. ... Read Answer

A paternity action can be commenced by the father of the child after the birth takes place. He would serve you with a paternity action, and this would cause the court to compel the parties to do a DNA test. If the DNA test comes back positive then the father would most likely request that he be granted either joint custody or visitation to him pursuant to his rights as a father to this child. You could countersue him for child support and sole custody if that's what you prefer. Sole custody is usually given to the biological mother when the child is of tender years. ... Read Answer

A H-4 visa only allows reentry as H-4, not H-1B. Your spouse of course must still be maintaining H-1B status. If you use the H-4 visa for reentry, you will be admitted as H-4 and will not have the authorization to work under your H-1B visa status. I suggest that you rethink your strategy and if you are making this trip, arrange an appointment with the American consulate or embassy to apply for the H-1B visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

There are instructions to the I 864 that explain the process when it comes to what a joint sponsor needs to supply to the government. If you do not understand these instructions, some of us will be able to take over the case, even though it's pending. Counsel in any state can represent you.... Read Answer

So if you want to discover whether the property owner has liability insurance, you would have to file a lawsuit and get that through the discovery process. A property owner is under no legal duty to disclose whether they have insurance or not even if a lawyer writes them a demand letter. You should reach out to one of us on this website to discuss your case privately.   ... Read Answer

Yes your brother should retain a personal injury attorney to investigate to see if there's a case. Typically, a business owner is under a legal duty to hire security guards or implement security measures If it is foreseeable that a criminal attack on the premises is likely to take place. This question focuses on the history of criminal activity that is occurring on the property or in the immediate area.... Read Answer

I see you are posting regarding a matter in NC.  I do not know NC law but in most states distribution of estate assets to Beneficiaries may not commence until a period of time provided by law has elapsed, usually a year.  If all of the debts the deceased left behind are not paid then most lawyers advise that Executors delay distribution until creditor claims have been paid or settled.  This could be the reason for the delay.   You should probably get an attorney to represent you there to find out the reasons for any delay.... Read Answer

When a property is deeded to both spouses, it is typically considered marital property, even if it was originally gifted to one spouse. By adding your husband to the deed, you converted what was initially your separate property into jointly owned property. This means that, in the event of a divorce, he could claim an equal share of the property unless there are specific agreements, such as a prenuptial or postnuptial agreement, stating otherwise. If your sister is facing divorce, she should consult with a divorce attorney in her state to explore options for protecting her interests in the land. A skilled attorney can review the circumstances and potentially negotiate a fair property division or seek to classify the property as separate under certain conditions.... Read Answer

You have ten days from the day the Motion to Claim Exempt Property was filed to object to the claimed exemptions, and you must request a hearing and pay the hearing fee to have the motion put on a calendar for hearing. If the ten days have passed, it is too late to object. The attorney was only required to deposit a copy of the Motion into the first class mail, he was not required to send it with a tracking number and he is not responsible for slow US mail delivery. Your next step is to request a writ of execution from the Sheriff. The Sheriff will investigate his assets and take any found which are not exempt. HIs home is automatically exempt if he owns it jointly with his spouse - whether it is a mobile home, trailer, camper or real estate. Failing to list his home on the form is not a waiver of tenancy by the entireties. Funds in his bank account may be exempt by law even though he did not list the bank account on the form to claim the exemption. The Sheriff's department handles this by telling the bank not to freeze funds from exempt sources such as Social Security benefits when they send the Writ of Execution to the bank. Some accounts like IRA's are not reachable by law and that cannot be "waived". The Social Security benefit exemption cannot be "waived", either. If the Sheriff returns the writ of execution unsatisfied, you may being "supplemental proceedings" against him to have him questioned about his assets, or you may send written interrogatories seeking more information. Supplemental proceedings are very exensive and time consuming. The vast majority of people in North Carolina own no assets which are subject to execution on a judgment for money owed. You may have to face the reality that you will never collect anything on the judgment. You should contact an exerienced collections attorney for more specific advice. ... Read Answer

By "waiting to go to court", do you mean you filed an action, but the case hasn't been heard, or you haven't filed. If you haven't filed, do it ASAP. Document everything you do to try and see and speak with your daughter. You'll need evidence of your atttempts when you do get heard in court.... Read Answer

As you were supposed to give the packet to the officer at the port of inspection, you should arrange with Customs and Border Protection at any airport with international flights to give in the packet. If they have not already created a record of your arrival, they can do so at that time. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your father's girlfriend has no legal claim on his assets unless she was a joint account holder or a transfer on death or trust beneficiary on any of his assets. If she hired probate counsel , then you should be receiving an inventory of his property. It's always a good idea to retain a lawyer. But as soon as possible, you need to contact the girlfriend's lawyer and ask him 1. for an inventory of all the estate property and 2. any life insurance or property that's going to pass outside of Probate. ... Read Answer