North Carolina Breach Of Contract Legal Questions

I am not sure which question you are asking.  If you are asking about the court costs, costs imposed by the State of North Carolina, to file a lawsuit, you would likely file this action in District Court, which is a $150.00 filing fee.  The sheriff charges $30.00 per person for service.  There are additional small fees if you are unable to obtain service of the summons the first time. The filing of any motion which requires a hearing is $20.00.  Once a judgment is obtained, there are additional court fees for writs of execution and other post-judgment procedures.  Most are in the $20-30 range.  If you are an individual, you can file the suit and represent yourself.  If you an incorporated business, the business must be represented by counsel.  If you asking how much an attorney will cost, the answer varies. Some attorneys handle matters on hourly basis some on a contingency basis, which is a percentage of the amount collected.  You will need to contact individual attorneys to determine their hourly rate or other fee arrangements.  If the person previously resided in California, you can file suit there, obtain your judgment and then domesticate the judgment in North Carolina. This may be more cost-efficient for you.  ... Read More

Yes.  You have a contract by which you agreed to let your ex use the car in exchange for his agreement to make any continuing payments.  He has breached the contract, and you can sue him for damages you sustain as a direct result, i.e. if you have to make the payments (you are still liable to the car company) or if you lose the car. Your problem is one of proof.  If the contract is characterized as one in which you sold the car to your ex (as opposed to one in which didn't sell the car, but only allowed your ex to use it for a time, as long as that time could have been less than a year) , many states will require such an agreement to be in writing (in most American jurisdictions, a contract for the sale of goods for over $500or a contract which cannot be fully performed within a year, must be in writing).  You don't say whether you have any writing proving the agreement with your ex.  Even if the agreement is not required to be in writing, it is possible, depending on the evidence, that a court will not believe you, but rather will believe your ex if he says that he did not agree to make the payments. Even if you can't prove that you had a contract for your ex to take over all payments, the Court will likely require him to pay for the time he has used the car, probably in the amount of the payments which were due during that time. Unfortunately, it sounds like your ex may not have any money to pay you, even if you win the lawsuit, but you may at least be able to compel him to return the car to you.... Read More

The interest rate you were quoted was per year, which is standard  Interest continues to accrue on the principal which has not been paid.  If the loan terms said the interest would be compounded, interest would also continue to accrue on any unpaid interest.  For example, let's say you borrow $100 at 10% annual interest.  The first year you pay $20.  You now owe $90 in principal; you paid the $10 interest for the first year and $10 of principal.  At 10%, you will accrue a further $9 in interest over the following year.  Thus, at an interest rate of 21% annually, the loan does not have to go on very long for you to wind up paying twice the principal.... Read More

If you hire an attorney, he/she will likely charge you on an hourly basis, and those rates change from attorney to attorney.  If you decide to file the lawsuit yourself, it will likely cost about $200 to file the actual lawsuit.  However, with $38,000 at stake, I would not recommend trying to do this yourself - it is worth it to at least talk with an attorney on the front end.   I'm sorry to hear about your situation, and wish you good luck going forward.  -Jay Mills... Read More

You may have recourse.  In NC, and in most states, there are specific claims related to the mishandling of a corpse (or a person's remains, as in the case of your mother).  I would suggest that you speak with an attorney with some experience in these areas to see if you have a viable claim.  I am very sorry to hear about this difficult situation, and wish you the best of luck going forward.  -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More

You can take civil action against them.  However, that is not going to make you a very popular neighbor.  You would probably be better off retaining an attorney who could write some letters and make some calls on your behalf first, and see if that accomplished what you were after.  This would be the most affordable route (attorneys' fees add up quickly), and also would keep the matter relatively private.  I am sorry to hear about the difficulties you have experienced, and hopefully this helps.  Good luck going forward.  -Jay Mills   James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read More

North Carolina is an employment at will state.  Your contract has to limit the right to fire you or change your salary, or the employer can tell you that if you don't like the pay decrease, you are no longer employed. You are owed what ever you earned before the pay increase.  So, as long as you were paid the full amount up to the day the employer decreased your pay, that is all you are entitled to receive. An employment contract in North Carolina isn't really much to rely on a going forward basis.  ... Read More