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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Consumer Law for North Carolina on
Q: According to state law USC 1662B (North Carolina), am l actually required to make a down payment to purchase a car?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 14, 2021

USC is not a State law. "USC" stands for United States Code, which is Federal law. I cannot tell which US Code section you are referring to because you did not include the first section (--UCS----). However, there is no law, State or Federal, that requires a down payment to puchase a... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: What happens if newly sold travel trailer isn't claimed by new owner even after trying to contact him?

The actual sale was made during January 2021. I cannot locate the new owner. Only contact from new owner was in May 2021 was by text and stated "you can keep the camper".

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 10, 2021

I would set aside the money that was paid so that if he reaches back out to you, you can give him the money back. Did you give him the title or not? Print out the text message and make yourself some good detailed notes about what happened. If you listed iit for sale on a web site, print out the... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: My home is about to go into foreclosure the home I’m renting month to month , do I have to pay rent still

The landlord has to go to court on the 16th , the notice I got says he owes 72000 for 3 homes and if he didn’t pay it’s going into foreclosure

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 3, 2021

Yes, you still have to pay your rent. NC law does not allow tenants to withhold rent. If you do not pay rent, the current owner can sue you for the rent money (even though he has apparently not paid the mortgage). Since you are month to month, he can also terminate your lease with as little as 7... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 27, 2021

You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord..If the rental lease expire aug 31 and no rent has been paid in 3 mos can I make the tenant leave

Even doing pandemic….there’s no contract/lease for September

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 25, 2021

You need to give them 7 days' notice that you will not be renewing their lease and they need to vacate as of August 31. If they are not out as of August 1, you can try pursuing summary ejectment, but check the second box on form AOC-CVM-201 which says "The lease period ended on the above... Read more »

2 Answers | Asked in Land Use & Zoning for North Carolina on
Q: I have a truck that is supposed to be repoed is there a way to keep it?

This truck has been sitting in my parking spot for a long time on my property. I havent made the payment in over a month. I haven't been contacted via email,text, call, or mail. I'm wondering if it would be possible to keep the truck after it been there for so long. (Storage lien or... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 25, 2021

You need to contact the lender and try and make arrangements. It is not illegal if they refuse to work with you. No Judge or anybody can force a car lender to change the terms of their contract. Get any agreement in writing. Oral promises are not enforceable.

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1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 4, 2021

NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 12, 2021

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: Realtor wants to buy deceased mother’s house before foreclosure and split profits. Is this a scam?

My mother passed and her husband, though separated, is considered next of kin since she didn’t have a will. He neglected to open her estate. The hearing for foreclosure was 2 weeks ago. Ever since this realtor has been calling wanting to buy her house and split profits between himself, moms... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 13, 2021

You are the next of kin with regard to real estate. If you die without a will in NC and you are married and have a child: you spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: If my contractor is not finished by the end date, can I terminate his employment?

Contract date is 6-8 weeks, start date 13 April, so end date is 8 June

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 3, 2021

This is impossible to answer without a review of the entire contract. 6-8 weeks is pretty vague. There are no doubt other terms of the contract. Any attorney who would say "yes" is letting you, a non attorney, interpret what part of the contract is important and what part is not... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I have been served with a civil summons that needs a written response and im not sure what i am supposed to be writing.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

You have to either admit or deny each paragraph of the Complaint. You also need to plead any affirmative defenses that you may have. If you are being sued for a debt, I suggest you speak to an attorney experienced in those matters for specific advice. You may have legal defenses that you are not... Read more »

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... Read more »

2 Answers | Asked in Collections for North Carolina on
Q: The lien was released via debt cancelation, per the statute of limitations. Are they required to satisfy the judgement?

The judgment expires this October. The bank rep says they have the options of: 1)allowing the judgement to expire 2)extending the judgement for an additional 10 years and/or 3)requiring some type of payment to satisfy the judgement. She says they are not required to satisfy the judgement unless... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 11, 2021

If you made no payments but received a Form 1099C cancellation of debt, your Judgment was not "satisfied" or "resolved" or "paid off". They can still legally collect on it even though on their books they deemed it "uncollectible" and wrote it off of their... Read more »

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1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: If I received a Motion for Summary Judgement do I need to show up to that court date?

I’ve been working with a debt settlement company for almost two years and my discover acct is the account that I received a Court Calendar and a Motion for Summary Judgement. I’ve almost been making payments to my debt settlement company for two years as well.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 29, 2021

You won't go to jail if you don't show up, but a judgment will be entered against you for the full amount owed. In order to keep a judgment from being entered against you, you need to file an Affidavit which controverts one of the facts necessary for them to get a judgment. That needs to... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can an airline change a published price on the fly
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 9, 2021

Most likely, yes they can. There is always "fine print" associated with airline fares and they can charge different amounts based upon the time of day, day of the week, % of seats filled on the flight, etcetera.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My family members are renting a house in North Carolina.

My daughter has moved most her belongings into the house and now she’s been told that the landlord daughter is moving in not my daughter .They had a verbal agreement and were supposed to finalize and sign contract next week.We have cleaned the house inside to get ready and was told it was ok to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

Unfortunately, since there is no signed contract, the verbal agreement is not enforceable. Try to work out something with the landlord to get a few more days time in exchange for the time and labor expended cleaning up the house.

2 Answers | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: I brought a burger from a restaurant and the wrapper smell like urine. What lawyer's will be best to handle my case
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

A personal injury attorney. If you did not become physically ill, require medical attention or psychological counseling, your recovery won't be a whole lot. A personal injury attorney can explain the details.

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