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Questions Answered by Lynn Ellen Coleman
Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 29, 2022

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2022

If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »

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2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
Read more »

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1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Name of the Motion to substitute one exempt vehicle for a used vehicle purchased due to change in circumstances?

Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Hi. Do we have a case against a car company who's giving us alot of red tape to get our car back after we have paid what

We owed last last Friday? 1st they said the car was already on auction to be sold. After we paid everything they said 5-10 bus days, today they said maybe tomorrow. Another person is now saying the car is in Charlotte. NC. and it will take another 10 days to do paperwork before we can come get the... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 27, 2022

Unfortunately, this is too complicated to answer online. If all you have been getting is verbal reassurance from the lender, you may be in trouble and the car may already have been sold. You need to get something in writing from the lender. Contact a local attorney for assistance with the specific... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 25, 2022

If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: What is the difference between a premium lawyer and a normal lawyer? Do they come with extra features?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 24, 2022

If you are speaking about references to attorneys on this web site, there is no difference. "Premium" attorneys pay for placement and advertising on this site. Others who have profiles here do not pay for advertising and actually many do not use this service through answering questions,... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 19, 2022

Your bankruptcy attorney needs to review the court Order and any related property settlement agreement to be certain. However, if this was simply a division of property and not an alimony or "support" order, it would be dischargeable in a Chapter 13 bankruptcy bit not in a CHapter 7... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: I executed a new deed adding my wife in NC last year creating TBE. She is now being sued by Discover. Is the house safe?

The debt is only in her name.

Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 16, 2022

You are correct, however, if Discover gets a judgment against her and she does not pay off or resolve the judgment before you die, the judgment automatically becomes a lien on the house. Judgments are enforceable for 10 years, and are easily renewed for a second 10 year period. Your wife needs to... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: I was approved for a 5000 loan but I was asked to make 3 upfront payments. Is this a scam or a collateral loan
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 14, 2022

It sounds like a scam. A typical loan requires NO "up front" payments. Do NOT send any money without receiving, reviewing and signing a complete promissory note or loan agreement that describes how much the payments are, the interest rate, and the total amount to be paid back. This is... Read more »

1 Answer | Asked in Collections and Bankruptcy for North Carolina on
Q: Is an HSA exempt from collections in NC?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 12, 2022

There is no specific exemption for a health savings account under Federal or State law. North Carolina residents must use the $5,000.00 "wild card" exemption to cover HSA balances - assuming that the "wild card" is available. If a debtor uses up their $35,000.00 residential... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Probate for North Carolina on
Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 12, 2022

I agree with the other answer but you may also have to open an estate and be appointed as the administrator in order to negotiate the check due to ita large size. The Trustee may refuse to issue it in your name only because theoretically, your husband could have other heirs besides you.

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1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 3, 2022

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... Read more »

1 Answer | Asked in Contracts, Criminal Law and Collections for North Carolina on
Q: I am a contractor in Hickory/Lenoir area who was on last day completing 2nd remodeling project for homeowner.

On final day they assaulted us verbally and threatened myself, due to repeated material delays and damaged product and illness late winter. We called 911 and 2 Deputies arrived. We removed tools/equipment from that job, leaving only couple last items on job for homeowner to install themselves. Our... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 26, 2022

If you received a criminal summons, hire a criminal defense attorney ASAP. Your business lawyer should be able to refer you to one in your area. Its a he said she said situation, and if this person who never shows up doesn't show up at the hearing, the criminal attorney should be able to get... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Does the Lemon law protect used vehicles purchased under Warranty?

7/15/ 21Purchased 2018 Yukon denali XL from a GM dealership for $67,573 & 34,921 miles

6/08 Vehicle started shaking while idle. I received a low oil alert on my phone. Checked oil & it was 75% full.

6/13 Took vehicle to mechanic to have the idle issue looked into. While... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

The Lemon Law only applies to new vehicles. However, you may have claims against the dealer or manufacturer because of the warranty issues. The Magnuson-Moss Act may apply. If you also purchased a service contract, additional claims may apply. You need to take all of the purchase and warranty... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I make Walmart pay for the repairs to my car?

On 07/06/22 my check engine light came on on the way to work. After work I went AutoZone to get the code read it said it was an evap leak I then went to Walmart for an oil change after the oil change my cars oil pressure was low they told me it was because they didn’t reset the oil change... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 28, 2022

You can try, but it is very unlikely Walmart will agree to pay the cost soon enough to get your car repaired - even if they agree. You will have to pay for the repairs yourself and then seek reimburement from them. The reason is because it is not crystal clear that WalMart is responsible. Your... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: How far are towing companies allowed to have your car towed and impounded from the destination it was towed from?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 17, 2022

It varies by city and county in North Carolina. Some cities and counties prohibit towing further than 15-25 miles.

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