North Carolina Recent Legal Answers from Lawyers

Hello, You'll likely want to consult with a consumer protection attorney as there is likely a lot of information to review. I would first gather all of the information showing that you've made every payment on time to them and also gather any information you may have on where and how the mortgage company has been applying the payments incorrectly. This information could come from mortgage statements to an extent. Eventually, you'll likely need to initiate a formal Notice of Error to the mortgage company detailing their mistakes but you'll want to make sure you have all the required paperwork when doing so. You'll also want to dispute the negative credit reporting directly with the credit reporting agencies that are reporting the false and negative information.  The first step though is to have paperwork lined up showing that every payment was made on time and have the written proof showing the mortgage company is in the wrong. Most consumer protection attorneys will offer free consultations (at least we do). I hope this insight helps!... Read More

Your boyfriend has to apply for a visitor visa and qualify based upon his own financial situation. If he's got a steady job and/or property ownership (which would prove he has a reason to return to his country) he would probably get approved. But if he intends to get married and remain in the US permanently, then that would be in conflict with his intent to visit. Accordingly, he would be denied. You should consult with an immigration lawyer for more specific advice. ... Read More

H-1B generally requires that you enter a selection process with USCIS in March to see whether you are selected to be allowed to participate in the H-1B program if you are working for a private company. That is unlike E-3, which has no limitation on the number of individuals who can participate. The advantage of H-1B is that it is a dual intent visa under which you can intend to immigrate and at the same time be allowed to stay here on a nonimmigrant basis. The E-3 falls within a gray area, under which it can be denied if there is immigrant intent on your part, although it is treated in most cases more favorably than applications based upon visiting or studying. If you are selected, and if you decide to remain in the US, you can apply for a change of status which will allow you to remain in the US when the H-1B takes effect in October or later assuming that you are approved. After the H-1B takes effect, any trips that you wish to take outside the US except to Canada or Mexico for 30 days or less would involve obtaining a H-1B visa in the passport before being allowed to return to the US. 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 More

You need to send a written dispute to the credit reporting agencies that this collection shows on, with a cc to the collection agency. Send the letters certified mail. If you to to www.annualcreditreport.com you can download all 3 of your major credit bureau reports. Send the letters to the dispute address shown on the report and explain in the letters why you dispute the charges. If the collection agency does not remove the debt you can include a dispute statement in your report. You can also settle the account by negotiating an amount less than the full amount. If you do this, get any agreements in writing from the collection agency and include in the agreement that they will either remove the item from your report or put the balance down to $0. Since this is a tenant issue you need to check some fo the tenant screening agency reports. Her eis a link from the CFPB with information about how to request those reports. https://www.consumerfinance.gov/about-us/blog/know-your-data-updated-list-reporting-companies/  Good luck.... Read More

The finance company/bank/credit union is not required to do business with you ever again because you caused them a loss in the past. This is not against the law. They cannot demand that you pay the discharged debt at all, but they can refuse to do business with you unless you volunarily pay it back. There are plenty of finance companies, banks and credit unions out there who were not creditors in your bankruptcy - so take your business to one of those instead. ... Read More

You qualify as a "successor in interest" and there are regulations which protect your interest in the house. Did you explain that your husband passed? Was the house titled in both names? If so, all you should have to give the mortgage company in order to get information is a copy of the existing deed to the house. If the house was titled only in his name, information about his estate will need to be provided to prove you inherited the house. You need to look for a local foreclosure attorney and perhaps a consumer bankruptcy attorney for assistance with the specifics. ... Read More

Unfortunately, you need to make payment arrangements with the NC Attorney general and you are probably looking at having a judgment etnered against your daughter and yourself. Student loans are not dischargeable in bankruptcy without very extenuating cirumstances. The AG can offset tax returns and garnish wages. The loan should never have been allowed to go into default. They don't do this unless the loan is very past due. They are also very inflexible about settlement. No doubt this is already negatively affecting your daughter's credit as well as your own. State of NC loans are not given the flexible repayment plans that the Federal loans are so you are stuck with what ever the State will give you. Note that a judgment against either one of you could end up being a lien upon real estate depending on the circumstances. Options are very limited especially if no effort at all was made to repay the loan so far. ... Read More

Your spouse is not entitled to any portion your VA disability whatsoever no matter how long you were married. To remove her as a dependent once you do get divorced follow these instructions: If you get divorced, you’ll want to notify us right away. You don’t need to send or upload supporting documents to eBenefits in this case. This will help to make sure we don’t continue paying you additional disability compensation for your former spouse and, if applicable, stepchildren after the divorce. If we continue paying you benefits that you’re not eligible for, we may withhold money from future payments until you’ve paid us back. Your other questions are way too complicated to be answered in an online forum, and no attorney can call you and offer to represent you through this forum. We are also not allowed to refer you to any particular attorney. You need to look for a qualified family law attorney in your area, and you may have to pay a consultation fee.   ... Read More

Yes, you can and you should.  Ideally, you should hire the attorney who already reviewed your case and determined that your rights were violated.Civil rights cases are fairly complex and require the assistance of an experienced attorney who practices in that particular area of law.  Most attorneys do not know that area of law well enough to provide competent, well-informed advice.The fact that you already found one who reviewed your case and determined that your rights were violated is propitious.  Hire him or her and make sure you properly fund your lawsuit.  Many litigants in your situation give up because of the high cost of legal fees in this type of case, and the low probability of successfully recovering anything.  ... Read More