North Carolina Recent Legal Answers from Lawyers

Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a clear agreement or understanding that your daughter and son-in-law would repay the loan. Their past payments toward interest strongly support the existence of an oral contract or implied agreement to repay you. You’ll want to gather all documentation showing the loan and payment history — bank statements, withdrawal records, text messages, or emails discussing repayment terms. Those can be used as evidence in a civil lawsuit for the remaining balance. Since they live in Thomasville, NC, you’ll need to hire a North Carolina attorney—ideally a collections or civil litigation lawyer in Davidson County—to file the claim locally. Depending on the amount and circumstances, your attorney might pursue repayment through a breach of contract claim, a promissory estoppel argument, or even a constructive trust on the property if the funds were tied to it. Act sooner rather than later—North Carolina has a three-year statute of limitations on most oral agreements, so timing matters. A local attorney can review the full history and file the proper suit to protect your right to recover the $150,000.... Read More

You should speak with a North Carolina personal injury attorney immediately. You may have multiple claims here — one against the at-fault driver for causing the crash and another potential product liability claim if the airbags failed to deploy properly in the rental vehicle. Both claims could involve complex insurance and jurisdictional issues, especially since you live in Arizona and the accident occurred in North Carolina. Start by getting copies of the police report, hospital records, and rental agreement. An attorney can help you: Investigate why the airbags didn’t deploy and whether there’s a mechanical or manufacturing defect. Identify all available insurance coverage — including the other driver’s policy, Enterprise’s coverage, and possibly your own. Handle communications with insurers so you don’t say anything that could harm your claim. Document your medical care, lost income, and pain and suffering for a full recovery. Time limits apply under North Carolina’s statute of limitations (usually three years for injury claims), so it’s important to act quickly. A local attorney can coordinate care and handle everything while you recover, even if you’ve already returned to Arizona. If you’re unsure where to start, search for North Carolina personal injury attorneys experienced in rental car or product defect cases. Most offer free consultations and can begin investigating right away.... Read More

You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody order in place, each parent technically has equal rights to the child, but the mother controls access by physical possession. Filing for custody allows a judge to set a clear, enforceable schedule and ensure your parenting time is protected. Given what you’ve described—your child’s mother’s DWI and child endangerment conviction, active probation, and recent mental health crisis—a court may find that it’s in your child’s best interest for you to have primary custody or, at the very least, unsupervised overnight visitation. Judges look at stability, safety, and consistent caregiving when making these decisions. You should start keeping detailed notes and proof of your involvement—receipts for items you buy, text messages, and any communications about visits. Then, contact a North Carolina family law attorney to help you file for custody and temporary visitation rights as soon as possible. Until there’s a court order, you don’t have an enforceable right to take your child for visits, so securing one is the best way to protect both your relationship and your child’s stability.... Read More

This is a common but difficult situation. The divorce agreement may have assigned the home to your ex-husband, but that does not remove your name from the mortgage. The only way to be released from liability is through a refinance or payoff—which unfortunately didn’t happen. The lender’s contract remains binding until that loan is satisfied or refinanced in someone else’s name. Because your ex-husband has passed away, his estate (and possibly his heirs) is now responsible for the property. However, since your name is still on the loan, the bank can still report or pursue you if payments lapse. You may have a claim against his estate for failing to refinance as required by the divorce decree, but that’s something you’d need to address through probate or civil court. You should gather the divorce judgment, the deed, and mortgage statements, then speak with a North Carolina family law or real estate attorney. They can review whether the property legally transferred to his sister and what options exist to have you removed from the mortgage or to protect your credit and financial interests going forward.... Read More

Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly authenticated—meaning the court has to be satisfied that the recording is genuine and accurately shows what it claims to show. If your wife didn’t record the video herself, she can still offer it, but the person who made the recording may need to testify to confirm when, where, and how it was made. Without that testimony, the judge might not allow it if there’s doubt about its authenticity or how it was obtained. That said, DVPO (50B) hearings often have more relaxed evidentiary rules than criminal trials, so judges sometimes admit video or text evidence if it appears reliable and relevant. You should consult with a North Carolina family or criminal defense attorney as soon as possible. They can review the video, challenge it if it was obtained improperly, and help you prepare your defense for the hearing. Don’t ignore the hearing date—having legal representation is critical in domestic violence cases.... Read More

Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic violence arrest, the accused is usually held for a mandatory 48-hour period or until a judge (not a magistrate) sets bond. This means the process can take longer than for other charges. If you haven’t yet turned yourself in, it’s important to contact a criminal defense attorney right away before doing so. An attorney can often arrange a safe surrender, verify whether a warrant is active, and help you through the bond process. Given your statement that you were the one injured and called 911, it’s possible there’s been a misunderstanding or cross-charge situation. That happens sometimes when both parties are accused. Bring all hospital records, photos, and any evidence showing your injuries and the events that led to the call. Once you’re released, your lawyer can work to have the charges reviewed or dismissed if you were actually the victim. The key is not to ignore the warrant — handling it through the proper legal channels is the best way to protect yourself and your record.... Read More

That’s a very serious situation — what you describe likely qualifies as felony assault with a deadly weapon and possibly discharging a firearm into occupied property under North Carolina law. Shooting toward another person, even if no one is hit, is a criminal offense that can carry prison time. You and your family have several rights and options: Criminal charges: Law enforcement should investigate fully and, if the evidence confirms what you describe (such as the video footage), the shooter can be arrested and prosecuted. Follow up with the investigating officer or detective to make sure the case is being pursued. Protective order: If you fear retaliation, you can seek a 50C civil no-contact order (for harassment or threats) or ask law enforcement about immediate protective measures. Civil lawsuit: You may also have a personal injury claim for assault, emotional distress, and any medical expenses or trauma caused by the incident. Victim’s compensation: North Carolina’s Crime Victims Compensation Program can sometimes help with out-of-pocket costs related to violent crimes. You should contact a local criminal law attorney or personal injury lawyer as soon as possible to review the evidence and help protect your family’s rights. Also, continue documenting everything and cooperate with police to ensure the case moves forward.... Read More

Denise,I’m sorry to hear about what you’ve been through. You should consider retaining an attorney on a contingency fee basis—meaning you pay nothing unless you win. As a Florida attorney, I’m unable to assist directly, but I’d be happy to refer you to a reputable firm that can help maximize your recovery. Please note that attorneys on this platform are not permitted to solicit cases. However, you’re welcome to contact one of us after reviewing our background and qualifications.... Read More

You may have a case. The theory of liability would be that the school failed to supervise your child and as a result he suffered a serious injury. You should retain an attorney in your state on contingency fee which means you pay nothing unless you win. If you cannot find counsel, reach out to one of us privately on this platfoprm and we will help you find someone. ... Read More

So employment in most states is at Will meaning you can be terminated for any reason or no reason as well as your privilege to separate for any reason or no reason from your employer. However, when it becomes illegal is when you are terminated based upon a civil rights violation. This would be for example like racial discrimination, gender discrimination, disability discrimination, color of skin discrimination, ethnic discrimination, religious discrimination, etc. If you feel that the motivating factor in your termination was due to a violation of your civil rights, then you should discuss your case with an employment lawyer for specific advice.     ... Read More

If the structured settlement was set up with a guaranteed payment period or named a beneficiary, the remaining payments may go to the estate or whoever was designated. But if the payments were tied strictly to the child’s life, they usually stop when the child passes. It all comes down to the original contract, so reviewing that agreement is the key to knowing what happens next.    ... Read More

In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my estimation not be a reason to deny the visiting visa renewal application. You have shown that you have adhered to the terms of the B1/B2 visa over the years; attempting to immigrate through brothers and sisters is a very long process and not usually a temptation to abuse the visa by overstaying in the US: and you may be able to say that you were confused by the form question that you thought asked whether you had any immediate relatives in the US which you thought only meant spouse and children. 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

Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so was it just a verbal notice or written notice? If verbal, were any witnesses present when you gave it? This platform prohibits attorneys from soliciting your case, but you can reach out to one of us privately after you've researched our backgrounds.... Read More

Your boyfriend has to qualify for a visitor visa on his own merit. USCIS normally requires that he provide tax returns, paystub's from his job, a letter from his employer, and a property appraisal if he owns a condominium or a home in his own name. However, if you want to sponsor him for a fiancé visa, then you will have to provide other evidence like an intent to get married and evidence that you have met him within two years of filing for a K fiancé visa. You should work with an immigration attorney. Some of us charge a very affordable flat fee to handle the case from start to finish.... Read More

Unfortunately the lien (deed of trust) on the home is still enforceable up to 10 years after the loan matures for a standard mortgage, and debts owed to the government are even longer. They have the right to foreclose, but they cannot force you to pay any deficiency if the sale is not enough to pay off the loan. Your best bet would probably be to apply for your own mortgage to pay off USDA. You could also consider filing Chapter 13 bankruptcy which could give you up to 5 years to either pay off the loan or sell the house. ... Read More

If you are not able to find an attorney who is local and can't afford an out of town attorney, the only other options that I can think of is to represent yourself or see if you are able to find an attorney who is willing to represent you for free.  We do offer advice and assistance at our regular hourly rate without making a general appearance in your case.   You may even hire us to draft documents for you to file in court.  That should be much less expensive than hiring an attorney to handle the case for you.  If you are interested in an initial consultation to discuss this matter, please call us at 919-680-2300.  ... Read More

I'm sorry that you are having to deal with this ongoing problem and that you have recently been charged in connection with it.  That has to be quite frustrating.  Since you didn't ask for any advice, and only asked for help with your case, I would suggest that you contact a specific lawyer to schedule an appointment for an initial consultation to discuss your matter. Most attorneys will offer free consultation if you're charged with a criminal offense and they can help you decide how to proceed with your case and if you decide to hire them, then they can represent you in court. If you would like to schedule an appointment with us, you can give us a call at 919-680-2300.... Read More

An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is maintaining this file that you're talking about. If you're talking about the court file you should be able to get a complete copy of the court file (you'll have to pay the copy costs to the clerk) but if you're talking about child support enforcement's internal file, you are not entitled to a copy of that. You should definitely talk to a local attorney who can help you navigate this situation and get your payments straightened out.  To answer your last question: No, you dont need a lawyer to get a complete copy of your entire file, if you know what to do to get it on your own.  If you don't know how to get it on your own, then, yes, you will need an attorney to help with that.  ... Read More