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North Carolina Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Contracts for North Carolina on
Q: What are the laws regarding verbal loan agreements in North carolina?

If someone makes an agreement to pay monthly payments on a loan from someone else and then refuses to pay how is this legally binding if the agreement was oral?

0 Answers | Asked in Civil Litigation for North Carolina on
Q: How long does a storage building company have to get there property back in North Carolina

Stopped making payments February 2023 came march 2024 with a judgement against me that I had no clue of dated back in October 2023 was surprised bye them coming to repossesse it ased could I have weekend to get my stuff out they said yes so last week I got an order to show cause they flat out lied... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: In a civil case am I required to file my evidence as discovery? Or do I just bring what I need without having to file
Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A North Carolina attorney should advise here, based on the forum you are in. As a general practice nationwide, both sides usually disclose their evidence prior to trial to avoid surprises. In small claims or some arbitration forums, the rules may be more lenient, where the parties might simply show... View More

0 Answers | Asked in Civil Litigation for North Carolina on
Q: In North Carolina, what is procedure to petition to file a civil lawsuit anonymously? Example petition/struct, office..

I know it is rare to grant this. I may not do it, and if I do it will be submitted by a lawyer; I need to know the procedure to save time/money, avoid annoying the lawyer, and make my decision.

The case is about a civil contract, > $25K, two private individuals, disclosure of disability... View More

0 Answers | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for North Carolina on
Q: What can I do when my business partner refuses to provide financial statements and has substantially reduced dividend?

My mom died last year, and was 25% owner of a family shopping center. Since my mom's death, my Aunt Janet has substantially reduced the dividend she is paying me, she has claimed that my 25% is not enough for me to even have the right to see the banking records or financial statements now... View More

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I file a motion for default judgement in a civil case in NC.

The clerk of court signed the Entry of Default in a civil case as the first step. Now I to get a hearing in front of the judgement to ask for the second step , which is default Judgement.

T. Augustus Claus
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answered on Jan 19, 2024

To file a motion for default judgment in a civil case in North Carolina, you need to follow specific procedures. After the clerk of court signs the Entry of Default, indicating that the defendant has failed to respond within the specified timeframe, you can proceed to the next step. Typically, you... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Virginia college has been sued and my address has changed how do I make sure I receive my payment

My address has changed since this lawsuit has been in the courts I have finally received papers on it how do I make sure that I received my payment and not someone else claiming to be me

T. Augustus Claus
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answered on Jan 10, 2024

To ensure that you receive any payments related to the lawsuit against a Virginia college, you should promptly update your address with the court handling the case. Notify the court clerk and provide them with your new address in writing. It's crucial to do this as soon as possible to avoid... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

1 Answer | Asked in Civil Litigation and Personal Injury for North Carolina on
Q: Drive thru window hot coffee spilled on my hands and lap through out the front driver seat do to the lid not being close
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

A North Carolina attorney could advise best, but your question remains open for five weeks. If you have medical records, you could gather them and try to arrange a free initial consult with a North Carolina attorney. I hope you're okay. Good luck

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for North Carolina on
Q: I've been mentally tormented and tortured through vigilance from the community and feds and local authorities how can I

I've been told through synthetic telepathy I am under investigation. I've been attacked every second of the day. Using HIGHLY ILLEGAL MIND READING TECHNOLOGY,REMOTE NEURAL MONITORING, V2K, been sprayed with Truth Serum and attacked by community vigilance. I continue to get blamed for... View More

James L. Arrasmith
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answered on Jan 4, 2024

It sounds like you are going through a very distressing and complicated situation. If you believe you are being unjustly surveilled or harassed by local authorities or other entities, it is important to gather as much tangible evidence as possible. This could include documenting instances of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
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answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 24, 2023

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Does the statue of limitations restart just because the credit company has filed a lawsuit?

Their initial civil lawsuit was submitted in 2021 but their request for default judgment against me was denied by the judge. They have requested an appeal to the denial of the judgment request and that is still pending even though the time barred started in 2023. Can the lawsuit get dismissed after... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 12, 2023

The filing date of the lawsuit controls the statute of limitation and it has been preserved while on appeal even though so many years has passed. Therefore, if the lawsuit was filed prior to the day the statute of limitation passed, it was filed on time, and it remains filed on time now. Good luck.

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