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North Carolina Questions & Answers
1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I am looking for a lawyer that can help me with a problem with a Dr that did a surgery on my foot and messed it up

He also told us that the plate and the pins that he used did not work properly and he partially removed them. I spoke to one lawyer and he told me I did not have a case and recommended a different surgeon to fix my foot. I called another lawyer and spoke to her and she said that I definitely had a... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 17, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. You received two conflicting opinions as to the merits of your potential case. It is not uncommon for this to happen. However, your description does point out the fact that one of the firms does not handle... Read more »

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 »

2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi, What’s the process to dispute someone reporting us for marriage fraud?

Just to add some context to the question, my wife and I recently got married and we’re working on getting her green card (she’s currently covered through DACA).

When I met my wife, I had a friendship with someone that ended pretty badly and we haven’t talked in about 2 years until... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Sep 9, 2021

There is no process. People can write or call the immigration authorities. I suggest that you and your wife make sure you have proof of the marriage to submit. This include things like copies of leases with both your names, joint bank accounts and so on. You have to prove that your marriage is real.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: In the state of North Carolina is it illegal for a landlord to cut off your water and you're on a well
Ben Corcoran
Ben Corcoran answered on Sep 8, 2021

If a landlord cuts off the water it would likely be considered placing the property in an imminently dangerous condition and would likely be a breach of the landlord's statutory duties.

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 Construction Law for North Carolina on
Q: Can I sue my builder for not repairing the stairs before closing? He refuses to redo the stairs and seed the acre like

The contract states. He says it was seeded but me or my realtor do not see it was done. The stairs were not properly stained. How can I sue him. It took him 13 months to finish our build.

Ben Corcoran
Ben Corcoran answered on Sep 2, 2021

Without reading the contract, I cannot give you specific advice, but it does sound like you have a case, call a local lawyer and see if you can set up a consultation.

1 Answer | Asked in Probate for North Carolina on
Q: Mom and brother lived in VA while I live in NC. I was their Executor. Why was there a Bond when both Wills said NO bond.
Ben Corcoran
Ben Corcoran answered on Sep 2, 2021

This is actually a question for VA lawyers and any answer you get from an NC lawyer is likely pure speculation.

I do know that if you lived in VA and the estate was in NC you would be required to post bond because you are out of state.

1 Answer | Asked in Civil Rights for North Carolina on
Q: If I am a widow,do I have to changed my married name before I remarry?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

You never have to change your name if you don't want to. I would actually advise against it. I have seen how much paperwork you have to go through, and unless you really want to change your name, I wouldn't do it.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Eviction was executed today, only my husbands name is listed does the landlord need a separate eviction for me?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

If both of you are on the lease then the likely answer is yes the landlord would have to evict you as well. As always you should take your documents to a local lawyer and have them review the documents to get a more complete answer.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If owner of a real estate property in NC lives in India . How the property owner can sell the property from India?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

The simplest method would be using a limited power of attorney authorizing someone local to sell the property in their name.

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 Probate for North Carolina on
Q: Can a beneficiary sue a trustee for embezzlement of deceased assets, if they have proof of their wrong doings?

Bank, mortgage insurance and tax fraud against deceased and beneficiaries.

Ben Corcoran
Ben Corcoran answered on Aug 26, 2021

Almost certainly you can sue, I highly advise that you find a lawyer who practices in this area and talk to them to get a better idea of what your options are.

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 »

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

1 Answer | Asked in Contracts for North Carolina on
Q: I am selling my house in NC and the agent and the boss and owner

I am selling my house in NC and the agent and the boss and owner planned to keep the sale and the purchase of the my house on the second day of the house being for sale an interested person went to the house tried to make an appointment they informed him that the house is no longer for sale and he... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

Without reading your contract with the realtor no lawyer is going to be able to advise you on how to cancel the contract.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Who pays for damages when a rotten tree falls on a neighbor's property?

A rotten tree fell on our house from the wooded lot adjoining our property. Since the damage was minimal, a little over $400, we did not make a claim with our insurance company and paid for the tree removal and gutter repair out of pocket. Can we receive compensation from the owner of the property... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

Depends on whether or not the owner of the land had actual knowledge of the rotten tree. In NC you are only responsible for a tree falling if you knew that there was a likelihood of it falling, for example, it was leaning or rotten.

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 »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

Perhaps if you made the payment(s) to get your account up to date>?

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1 Answer | Asked in Car Accidents for North Carolina on
Q: Can I have participants sign a document stating I cannot be held accountable for death or injury while I am the driver?

In a car accident

Tim Akpinar
Tim Akpinar answered on Aug 14, 2021

Only a North Carolina attorney could advise about the enforceability of agreements. Such agreements could be governed by state statutes and state-specific court decisions. But your question remains open for three weeks. As a GENERAL matter in most jurisdictions, such liability waiver agreements are... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: I was assaulted by a family dollar employee and his boyfriend
Stephen Arnold Black
Stephen Arnold Black answered on Aug 12, 2021

Yes you have a case against the store that employed the assailant, if he had a history of violence and the store knew or should’ve known before they hired him. Retain counsel in your state to represent you on a contingency fee basis, which means you don’t pay anything unless you win.

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