North Carolina Recent Legal Answers from Lawyers

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488 legal questions have been posted about by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
North Carolina Recent Legal Answers from Lawyers
Page 9 of lawyers' answers to legal questions about North Carolina.

Recent Legal Answers

If you already have a court caes, make a motion to have the Court order him to trun over half to you.  If you don't alaready have a court case pending, start one.
If you already have a court caes, make a motion to have the Court order him to trun over half to you.  If you don't alaready have a court case... Read More

What if you are suppose to be a contest winner?

Answered 5 years and a month ago by attorney Lynn Ellen Coleman   |   1 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 More
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... Read More
It your mother-in-law does not comprehend, would not have the ability to enter into a business contract or a lease, she also does not have the legal capacity to sign a Power of Attorney for finances. Your wife may need a lawyer to apply for guardianship.
It your mother-in-law does not comprehend, would not have the ability to enter into a business contract or a lease, she also does not have the legal... Read More

Can I sue a company for selling me a dirty used mattress?

Answered 5 years and a month ago by attorney Lynn Ellen Coleman   |   1 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 More
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... Read More
Please hire a probate lawyer who practices in the county where the friend's father lived and died to help file an heirship application,
Please hire a probate lawyer who practices in the county where the friend's father lived and died to help file an heirship application,
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 More
Good question, and I am sorry to hear what happened to you and your girlfriend.  Ouch!   Years ago, from a legal point of... Read More

What's the difference between design and word marks?

Answered 5 years and a month ago by Thomas Mansfield Dunlap (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
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 More
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... Read More
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 More
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... Read More
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 More
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... Read More

Can a will be contested?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It may not be fair but it may also be what your grandfather wanted.  A Will can be contested for fraud (such as forgery), lack of legal capacity or undue influence.  The last two are very difficult to prove. 
It may not be fair but it may also be what your grandfather wanted.  A Will can be contested for fraud (such as forgery), lack of legal capacity... Read More

Chapter-13

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, this is part of the Motion For Entry of Discharge. Your Chapter 13 attorney can help you get this filed. Contact your attorney. Typically you will be mailed the forms to complete and file with the Court and you can do this yourself if you no longer have an attorney.
Yes, this is part of the Motion For Entry of Discharge. Your Chapter 13 attorney can help you get this filed. Contact your attorney. Typically you... Read More

Is there a way to find out if a deceased relative may have used your services

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You might try asking the local probate court or state bar for a list of probate lawyers who practice in the county and contact them.
You might try asking the local probate court or state bar for a list of probate lawyers who practice in the county and contact them.
Sue them for breach of contract.
Sue them for breach of contract.

My company was awarded a summary judgment.

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 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 More
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... Read More

Should I seek restitution for fraudulent credit charges?

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 Answer
I would go ahead and list the losses. Your credit card company deserves the restitution and she deserves to have to pay it back. Just be clear that your credit card company reversed the fraudulent charges, but they incurred the loss.
I would go ahead and list the losses. Your credit card company deserves the restitution and she deserves to have to pay it back. Just be clear that... Read More
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 More
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... Read More

I owe social security over 24K in over payments

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Social Security Disability
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 More
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... Read More
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 More
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... Read More
If this is not a small claims or justice of the peace court case in which you could represent yourself (the value of the suit varies by state), contact your local Lawyer Referral Service or state bar.
If this is not a small claims or justice of the peace court case in which you could represent yourself (the value of the suit varies by state),... Read More
Unless the Will states differently, yes.
Unless the Will states differently, yes.
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 More
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... Read More

how much does it cost to file bankruptcy?

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 Answer   |  Legal Topics: Bankruptcy
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 More
I suggest you call Legal Aid at 1 (877) 579-7562 or call an experienced consumer bankruptcy attorney for specific advice. Some attorneys charge... Read More

eviction for bad behavior....... not for not paying

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 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 More
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... Read More

how can i sue a person stealing from me?

Answered 5 years and 2 months ago by attorney Lynn Ellen Coleman   |   1 Answer
Try filing a police report. If the police say it is a civil matter, you can file suit in small claims court in the county where she lives. You will likely never see your money even if you do win, because we do not have wage garnishment here.
Try filing a police report. If the police say it is a civil matter, you can file suit in small claims court in the county where she lives. You will... Read More
Have you physically met your girlfriend in person within the last two years?
Have you physically met your girlfriend in person within the last two years?