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Questions Answered by Lynn Ellen Coleman
2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 31, 2023

If a North Carolina resident dies without a will, is not married, and has a child, the child inherits all property. Go to the courthouse to the Clerk of Court Estates Division for the county where he lived when he passed and open up a simple estate for him. Some Estate departments are "by... View More

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1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my employer change my contract without consideration?

I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 14, 2022

This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: my ssn and credit and also trading my vehicle. They are still asking for a cash down payment. How should I cite TILA?

By law am I required to still put a cash down payment?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 14, 2022

A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.

TILA does not mean they cannot require a cash down payment. TILA...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: Trade It, a local pawn shop, sold me a gaming laptop that overheats in TJUNCTION. I returned it next day but now…

But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... View More

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

This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... View More

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... View 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... View 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... View 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... View 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.... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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,... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I have several late payments on my mortgage, and it has effected my credit score.. I am wondering if these are removable
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

You cannot force a bank to remove accurate remarks about your payment history. This is a theme pushed by so called "credit repair" companies. You may be able to talk them into changing the reporting, but that's doubtful.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Should I send my bank records to a business regarding a refund or should they have to prove the transaction?

The business agrees that I should receive the refund but it has been 10 months and I haven't. Now they are demanding that I turn over my bank records to them. I feel like I shouldn't have to turn over all my banking activity to complete strangers.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

It depends upon the nature of your dispute. More details are needed. If they want your bank records to prove that you paid for their goods or services, send the, that one month statement and redact (black out) the account number and all other transactions except for that one purchase.

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received the following voicemail. Then my wife received the same message from a different number. Then my ex-wife.

Hello this message is intended for (my name). My name is Adriana Martinez I'm calling out of the civil dispatch office to notify you legal documents are scheduled to be dispatched out to your location (my street address but no city or state. House is for sale and vacant) if you will be... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 3, 2024

This is a scam. A scammer bought your information from the dark web. The Sheriff does not call before serving a summons and complaint, and it is not called the "civil dispatch office". Call the non emergency number of your Sheriff's department tomorrow to confirm this.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can a company charge an inspection fee on a propane tank that I am renting. It’s their tank.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 24, 2023

It depends upon what your rental contract says. It's not possible for any attorney to answer this question without reviewing your contract. I'm sorry to be so vague. They may be entitled to inspect it periodically and charge a fee to make sure that nothing has been tampered with.

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.

1 Answer | Asked in Collections for North Carolina on
Q: Am I obligated to pay for something that a business charged me less for a year ago and is now trying to reclaim the fund

I had received work done on my vehicle from caliber collision under two claims. Geico covered part of the claims and caliber Charge me for the remaining balance. Apparently the lady at the desk made a mistake and didn’t charge me the full amount. Now it is a year later and they are calling me... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 18, 2023

It's impossible to answer this question without reviewing all of the paperwork you signed - repair estimates, invoices, etcetera. Many times with insurance claims, the repair shop includes in the paperwork that you are responsible for anything insurance will not pay for. More facts are needed... View More

2 Answers | Asked in Bankruptcy for North Carolina on
Q: If I am looking to file bankruptcy and I have military disability, and I was getting pay from voc rehab but not anymore

I do not receive the pay anymore just while I was in school. I completed my degree last month.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 14, 2023

I'm not sure what your question is exactly, but VA disability pay does not count towards the "means test".Congress passed the "Haven Act" a few years ago. I hope this answered your question.

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