North Carolina Civil Litigation Legal Questions

Dear Ms. Adams: There is potential liability with a situation like this, but you would have to prove causation. This means you would have the burden of proving that the auto care facility was negligent in failing to place the cap in its proper position AND that the facility's negligence caused your engine damage. You should also be taking photos and documenting the situation. A good next step would be to politely approach the facility and ask them to fix the damage they caused. If they deny that it was their fault, you should seek legal representation. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More

Dear Anonymous: Common sense here says that the teenager should be responsible, at least in part. In North Carolina, though, there is complicated law on the books about the negligence of children. I don’t have enough information here to properly answer your question. I would need to know the child’s age and a wealth of other facts. In short, any child under 7 years of age is in capable of negligence; Children between the ages of 7 and 13 are presumed incapable of negligence, but the presumption can be overcome – in other words, a jury can decide a child in this age group is negligent based on a host of factors like age, knowledge, and experience; Children between the ages of 14 and 17, on the other hand, are presumed to be capable of negligence, but this presumption can also be rebutted by clear proof of the absence of such discretion. This is a very murky area of tort law in North Carolina, so it is always best to get proper guidance from a licensed NC attorney in cases such as this. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More

Dear Anonymous: This question brings up a common misunderstanding between attorneys and potential clients. In your situation, you paid $100.00 for a specified amount of time to consult with an attorney. Unfortunately, a consultation fee is not a retainer fee. The attorney earned his $100.00 consultation fee by spending the initial specified time with you going over your situation. After the initial consultation, the attorney is under no obligation to continue legal services in your case unless a retainer agreement is signed by both the attorney and client. The attorney is also entitled to keep a consultation fee, even if no retainer agreement is signed. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More

If you can't pay the judgment, your assets can be sold to pay it off.  Certain assets are exempt from thii process, but the exemptions vary depending on the jurisdiction in which you live.  In New York, for example, I believe that up to $10,000 in equity in the debtor's personal residence and up to $2,500 in equity in the debtor's car are exempt.  In Florida and Texas, however, the homestead exemption is much larger.  I don't know what the NC exemptions are. Also, if you can't satisfy the judgment, you may be able to file for bankruptcy protection and, depending on the exact circumstances, you may be able to work out a payment plan which allows you to discharge the judgment while paying a portion of it over time.... Read More

The puppy is yours.  Once you give a person something as a gift, that something is (except in rare circumstances which are not present here, such as gifts in contemplation of death or marriage) theirs.  Your friend's testimony that your ex-roommate repeatedly said that the dog was a gift will help your case, but, unless the rules are relaxed in small claims court (they very well may be), they will actually have to go to court to testify; letters from them are not admissible evidence because they would not have been subject to cross-examination. ... Read More

You don't have to repair the car before you sue, or ever.  Even if you never have the car repaired, it is worth less due to (you claim) the tow company's negligence, and you can sue for that damages. In fact, if the defendant is not given the opportunity to examine the car before you have it repaired, you could be accused of destroying evidence (probably not under these circumstances, but it's possible.)... Read More

I don't see any grounds for a suit.  From what you've written, your daughter didn't kiss him and, even if she had, you make no claim that she was in any way damaged (i.e. you didn't claim that she was traumatized or suffered some severe emotional distress.)  Moreover, since this incident took place in front of the child's grandmother and another adult, in public, it doesn't seem as if there was any illicit motive at work, so I doubt that the authorities would pursue any criminal charges.... Read More

Yes.  Most contracts do not have to be in writing to be enforceable, and tne you're describing does not fall within the normal categories of contracts which need to be in writing, although it is possible that North Carolina law is different.  Even if your oral contract was unenforceable, you would have a claim for quantum meruit, which is the fair market value of the services you provided.... Read More

Sounds like you have an excellent chance of winning a civil case against the assailant, but what damages you will win, and if you will be able to collect, are undetermined.  You make no mention of monetary damages.  The airline or airport might be liable, if you can show some way in which one or both was negligent, and such negligence caused or contributed to the damages (for example, if their secutiry was insufficient and this led to the attack, or if the airline served alcohol to the assailant even after he was drunk, causing him to act irrationally, if they didn't get your husband medical attention quickly enough, etc.)  However, you should take a look at your ticket and any other paperwork to see if there is a limitation of liability provision.... Read More

If NC law is similar to the law of the states in which I practice, you would have the right to enforce your judgment by (a) garnishing the judgment debtor's wages up to a certain amount (provided that the wages are high enough and that you have priority over any other creditors; incidentally you say "they" are not garnishing his wages - if NC is like other states, you, as the judgment creditor, would be the one garnishing the wages by following the proper procedure); cause the debtor's assets to be sold (you would not have the right to "go after" the separate assets of the debtor's wife); and (c) obtain information, under penalties of perjury and on pain of being held in contempt of court, from the debtor about his finances (through which you can obtain information about the expected settlement.)... Read More

Not sure what receipt you have from the county clerk's office, unless you mean a receipt for filing of a satisfaction of judgment.  At any rate, if a judgment has been satisfied, it can't be foreclosed upon.  Even if there was a judgment of foreclosure (as opposed to a money judgment which is being foreclosed upon), most jurisdictions allow you to prevent foreclosure right up until the last minute if you pay the debt, although you may have to pay additional costs and fees.  You should take whatever steps you need to make sure that everyone involved (creditor, court, auctioneer, etc.) receives proof of the satisfaction.  From what you've written, I'm not sure you've sent proof of the satisfaction, as opposed to proof of the FILING of the satisfaction.... Read More

It appears that the creditor is seeking to collect on the judgment through the sale of your assets. What normally happens is that the sheriff will come out and collect items, personal property such as electronics televisions etc. and sell them at auction. The money that is raised at the auction would then be used to satisfy the judgment. The law provides that certain property is exempt from this process. On the exemption form there should be categories and dollar amounts allowed to be exempt from collection. By filling out the exemption form you are protecting of that property from being seized. Nobody likes executing on the judgment including the creditors. I would recommend contacting the person, likely an attorney, who sent you a letter seeing if a payment arrangement can be worked out.... Read More

There are always questions about the jurisdictional reach of small claims courts when it comes to out of state defendants, but I don't think you need to worry about them because $38,000 is well beyond the monetary limit of any small claims court I have ever dealt with.  The limit for small claims courts in New York is $6,000. Since you live in North Carolina and the transaction took place in North Carolina, you should have jurisdiction to sue your cousin and her husband in a regular North Carolina court.... Read More

This is a strange situation.  Assuming that "reserved" means that your Aunt has a legally enforceeable contract with the church to allow her or her designee to be buried in the specific plot, a Court can compel the offending party to move the body.  Depending on whether the Church sold the land to your Aunt, or just sold her the right to be buried there, the Church may have to be named in the lawsuit. The Church cannot "settle" the dispute unless all parties agree to be bound by itd decision.  Although it has a right to not have a body buried on its land without its permission, it cannot enforce that right without the Court's help.  If the offender refused the Church's direcitve to move the body, it would probably have to get a Court order to compel the offender to do so, although it may also be able to move the body itself, and then go to Court to compel the offender to reimburse it for any expenses incurred.... Read More

The licensing boards determination as to whether or not sexual assault occurred does not automatically bar the plaintiff from pursuing a lawsuit. The standard of proof required and the rules regarding the admissibility of testimony may be very different. By the same token, had the board determined to that misconduct had taken place, it would not automatically result in a directed verdict in favor of the plaintiff .        ... Read More

Dear Anonymous: There are several avenues to potentially go down, depending on the kind of assault and the kind of injuries suffered. You might start with the principle of the school or a police officer. If the injuries suffered are significant, you might want to consult with a personal injury attorney about further steps to take. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More

The issue is what, if any, contacts your ex-boyfriend has with NC.  None are apparent from what you've written.  He resides in Colorado, and the assault took place in Colorado.  Does he own any property in NC?   Does he travel to NC often?  Does he do any kind of business in NC, for example advertise his services to NC residents?  Unless your ex has some kind of significant contact with the state of North Carolina, a North Carolina court could not exercise jurisdiction over him; you would have to sue him in Colorado.  As for suing him for breach of contract, I suppose it could be an implied term of the contract that he not beat you up, but it's not really a good fit.  You may want to think about whether it is really a good idea to assert that claim.  It seems farfetched to me, and I don't see much benefit from adding what seems to me to be a tenuous claim, which may give your ex a basis to move to dismiss, thus delaying the action.  It seems to me that your best chance of a substatnial recovery would be from punitive damages on your assault claim (assuming that your ex has the wherewithal to pay them), not moving expenses on a breach of contract claim (usually you can't recover punitive damages for breach of contract, nor can you recover for pain and suffering or mental anguish based on a breach of contract), and therefore you should do whatever you can to move that claim forward quickly.  ... Read More

While defamation of character cases are very hard to prove, you have described a matter with legitimate potential to be a viable case. Obviously, it would need to be explored in much more detail before an opinion could be rendered on whether it was worth pursuing. You should call a reputable firm in your area and explore it in more detail. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format.... Read More

A New York judgment can be enforced in North Carolina once it is "domesticated" there, i.e. once some procedures are followed to record the judgment in North Carolina.  It would be a little more difficult adn take longer if the NY judgment was on default but, unless the New York court lacked jurisdiction over the debtor, the judgment would be domesticated in North Carolina.  The creditor will seek to find assets and income of the debtor which can be used to satisfy the judgment, and to do so will use various discovery procedures (interrgatories, depositions, etc.) to locate assets/income, and then follow North Carolina procedures (each state has its own, but their basic nature is the same) to garnish income (i.e. have all or a portion of it paid over to him until the judgment is satisfied) and/or to have the debtor's assets sold in order to satisfy the debt.  The limitations period to collect on a judgment is 20 years in New York; it might be a different period in North Carolina.  There are various legal obstacles which a judgment debtor can put in the creditor's way (for example, debtors change banks if the creditor knows of an account at one bank, or transfer assets to a spouse or family member, etc.), but anything the debtor does to avoid his obligations can be undone.  For example, if the debtor transfers his assets to his brother for no consideration in order to avoid paying the judgment, that would be a fraudulent conveyance.  While the creditor would have to start another lawsuit to undo the transaction, the debtor and the family member would likely wind up, after the fraudulent conveyance lawsuit, owing more money that they started.... Read More

It depends on the terms of your fee agreement with your attorney.  If you already owe her money, then you already owe her money.  If her payment was contingent on getting you some money down the road, then it is unlikely that you will owe her anything if she voluntarily quits or withdraws.  Good luck.... Read More