North Carolina Recent Legal Answers from Lawyers

For assistance in having a case stuck at a consulate or embassy or administrative processing, we generally recommend that you seek the assistance of your local US Congressman or Senator as they usually have more influence with US consuls than even lawyers. It is hard to know why cases sometimes are placed under administrative processing, but they possibly could have questions concerning relationship, status of the petitioner, criminal records, suspicion of gang affiliation, etc. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

You don't provide enough specific details for me to give a meaningful response. In general, if you are told you have won a contest but you have to pay something to get your prize, its a scam. Be especially suspicious if you are asked to buy Green Dot cards or other prepaid debit cars and send the information online. You can also search the North Carolina Attorney General website at ww.ncdoj.gov consumer complaint section for more information about sweepstaes scams.... Read Answer

You can sue anybody you want to, but whether you win or not is a different thing all together. If this is a corporation, make sure you sue them in their proper name, or else the case will get thrown out of court. There are too many details involved to give you a simple answer. Whether or not you have a chance to win if you sue depends on what was represented about the furniture at the time of the sale. It sounds like "staged" = floor samples, which are typically used furniture, so there is no way the mattress and box spring were "new". Did you inspect the mattress and box spring before purchase? Were they wrapped in plastic? Did you sign anything? If so, what does that say?... Read Answer

Good question, and I am sorry to hear what happened to you and your girlfriend.  Ouch!   Years ago, from a legal point of view, it was viewed that a dog would have no consequences for his first bite.  In other words, if there was no warning that the dog had a history of biting, and no one was held responsible.  However, times have changed.   The strength of your case depends if the dog had a history of biting others.  The fact that the dog's owner did nothing, helps your case as well.  And, since your girlfriend was also injured and she was in the "zone of danger," both of you can sue for emotional distress.  It comes down to the extent of your injuries and the emotional distress this has caused you and your girlfiend. You have nothing to lose in seeking the counsel of a local attorney to help you evaluate your case.... Read Answer

A design mark that is simply a version of the word mark is examined and in virtually the same manner as if you had not filed a desing at all.  the primary difference is that the stylized version of the word offers you less protection than if you sinmply file a trademark without claiming any of the stylized elements.  A standard character mark, where you do not claim any design elements, if registerted, provides you with the broadest possible protecting, effectively claiming all styles, fonts, colors, and versions of the words themselves.... Read Answer

There are attorneys who handle these kind of things, but you will probably not be able to find one who will do this on a contingency fee. You will have to pay the attorney a retainer fee and pay court costs. Depending on the price paid for the puppy, it may not be worth the expense because you may never collect anything. I suggest reporting this to law enforcement first if you have not done so already. If the person who scammed you is not located in NC you may need to get a lawyer licensed in the state where the scammer is located. If the person is located in NC, even if you win a money judgment, you likely will never collect it. NC does not have wage garnishment for debt and most people do not have any property which can be seized to cover paying off a money judgment. ... Read Answer

You qualify for Chapter 7 based upon the income you stated, and you should consider filing bankruptcy jointly if both of you have debts you can no longer afford to pay. In addition, if only one of you files bankruptcy, there is a possibility the emdical providers will continue to pursue the other spouse because in NC you are liable for medical debt incurred by your spouse if that was for "medical necessaries". The specifics depend upon whose name the cars are in and a few other factors. It's also a way to save money, because the court costs are the same whether ine spouse files alone or both spouses file together. You should have a personal consultation with a qualified consumer bankruptcy attorney because it is impossible to give completely accurate information on an online message board. An attorney will be able to make sure there would be no issues. Many offer free consultations.... Read Answer

It is very difficult to find a collections attorney that will work on a contingency fee. Most people and companies have no assets and thus your chance of recovering anything is very slim. If the judgment was against an individual, GA, NY and NJ have wage garnishment, which may increase the chances of recovery. North Carolina has no wage garnishment. If the judgment was against a corporation, LLC or partnership, likely there are no assets remaining and you have little chance of recovery. It takes a lot of work to have the individuals behind an LLC, corporation or partnership be hald responsible for a corprate or partnership debt and the attorney who works to establish that deserves to be paid. You cannot expect an attorney to work for free. You should contact creditor's attorneys in NY, GA, NY and NJ to see if anyone can do a "blended" fee arrangement (some up front and the rest on contingency) to register your judgment in those states and pursue judgment enforcement. Your company may need to face the grim relaity that there is very little chance of them recoverying anything on this judgment. People who are finacially irresponsible will avoid the banking system, never put assets into their own name, and do whatever it takes to avoid paying back their debts. Do not look for  just"collections" attorneys, because you will get attorneys like myself who never represent creditors. Search for a "creditor's" collection attorney. Good luck.... Read Answer

Your nephew can provide proof of his legal ownership of the house to the mortgage company and submit a request for a loan modification. There is a standard form called a "request for assistance" that needs to be filed. I recommend that he contact a nonprofit housing agency for help. He can find one in his area by going to this web site: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=nc (copy and paste into your browser). I wish him the best of luck. He can take over the Chapter 13 Plan payment as well if the case has not yet been dismissed. He would need help from a consumer bankruptcy attorney for that. He can find a qualified one at https://www.nacba.org/find-an-attorney/ (copy and paste into your browser). I wish him the best!... Read Answer

Rather than see your income tax return docked, you can enter into a repayment agreement by which you repay as little as $25/month.  It seems odd that you have sent letters and called "hundreds of times" with no response.  If you need help, you might try the National Organization of Social Security Claimants Representatives... Read Answer

Your description here is too general for my to give you any specific advice. There may be several areas of violation of the law, especially if this was an in home solicitation and/or if everything was done on a talet or other electronic device and you were not sent a copy of what you signed. You can also file a complaint with the North Carolina Attorney general's office. If you do file a complaint, be very specific about the dates and manner they contacted you, what was said to you and what was actually provided, and how you beleive someone forged your name or signed it without your consent.  If you provide some details we can assist you in general terms here, but we are not allowed to reach to you here and say "I will take your case", or "call me." This is a general advice forum.... Read Answer

Yes, possibly. The state of North Carolina is one of the few states in the country that still recognize a lawsuit for alienation of affection. These cases are facts specific and so the outcome depends on the unique situation involved. Discuss your case with a family law lawyer in North Carolina for advice and representation.... Read Answer

I suggest you call Legal Aid at 1 (877) 579-7562 or call an experienced consumer bankruptcy attorney for specific advice. Some attorneys charge less for elderly on a fixed income than others, so it's impossible to tell you anything specific here. It also depends upon what property you own and your specific facts.... Read Answer

If you have an eviction on your record - that is, a summary ejectment ation was filed against you in a small claims court - there is no way to "repair" this away. It is a truthful report. Even if the summary ejectment case had been dismissed, the fact one was filed against you is truthful. Avoid "credit repair" companies. Please feel free to tell me specifics about how this eviction is showing up if you need more clarification.... Read Answer