North Carolina Civil Litigation Legal Questions

North Carolina does allow lawsuits for Alienation of Affection. Additionally, North Carolina allows lawsuits for Criminal Conversation, which is a lawsuit against the third party for having sex with a person's spouse. These lawsuits are challenging and often costly, usually involving a jury trial. Good luck to you and your wife on reconciling your marriage.... Read More

You usually only have 30 days to answer discovery or else the other side can ask for sanctions or ask that allegations be deemed admitted.  This is what collection firms do- they paper you to death until you give up and lose on a technicality.  You really need to hire an attorney to help you.  The next step is they will file a motion to have the Request for Admissions deemed admitted and for Summary Judgment based on those admissions.  Hire a lawyer or else you will likely lose on this technical issue.  The other option is make then an offer to settle.   Charlotte Debt Settlement    ... Read More

If your attorney has filed a lawsuit on your behalf and loses his or her license to practice, you would simply have your new attorney file a motion to substitute counsel and a notice of appearance in your case. Under the circumstances, the court would grant your motion and likely allow sufficient time for your new attorney to get up to speed in the case if it is been set for trial.   I do not know how far into the litigation process your case is, but if you have concerns of your own regarding your attorney, you should look for another attorney as soon as possible.... Read More

I'm sorry to hear that you're having such a difficult time with your case. Unfortunately, given the complexity of your issues I do not believe you are going to be able to receive competent legal advice in this type of forum. I would recommend that you contact an attorney willing to discuss this matter personally. I would also recommend speaking with an attorney near the County in which this matter is pending.... Read More

It is clear that you need to retain an attorney and quit trying to do this yourself, if that is what you are currently attempting.  These issues are obviously quite serious, and civil procedure is very regimented.  An experienced attorney can walk you through the process and assist you at the various steps along the way.  If you attempt to do it yourself, it is very likely that you will make a procedural mistake that will greatly endanger your chances of winning the case.... Read More

Although I would need more information to fully answer your question, I believe your issue puts you in small claims court. Generally if you did not receive the summons until after the time to respond had expired, it is not a proper service. You may need to appear in court if you were properly served with the summons in order for the judgment not to be automatically entered against you both. Because small claims court rules vary greatly by local rules, I would recommend talking to someone in the area in which the court lies. Also I would do this as soon as possible so that no other deadlines are missed and this way this attorney can give you the proper advice on the matter. As for type of attorney, you can speak to basically any of them but I would recommend a business or civil litigation attorney.... Read More

Ultimately the answer lies in the terms of the original agreement between your fiance's father and the repair shop.  Many repair shops give an "estimate" on a standard form.  That standard form is a good place to start.  Additionally, you should locate any papers or receipts or anything else that your fiance's father received when he dropped off the laptop for service.    If the repair shop has a website, you could search it for any policies or terms mentioned on the website.  These could all be helpful if/when you consult with a local attorney. I suspect the 60-day "We Are Not Responsible" Policy you are referring to is one which is typical for businesses like repair shops, dry cleaners, or other places where you drop off your property to be serviced and picked up later on.  These policies allow the business to dispose of items that people drop off and never pick up.  However, if it was the repair shop's fault for not notifying you when the laptop was ready for you to pick up (if it ever was), the repair shop likely cannot take advantage of the "60-day" policy. Of course, you should consult a local attorney to determine whether court action is advisable.... Read More