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North Carolina Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My Landlord is selling the house I rent, is he allowed to let people just walk through the house without 24hr notice?

They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if my employer is trying to constructively make me quit and has threatened my life

Basically a few months ago I was accused of no call no show. That wasn't the case and I was allowed to keep my job but since this incident my manager that tried to have me fired over the no call no show has been making my day to day miserable I walk on eggshells fearing everything I do might... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The obvious answer, if you are working someplace that is threatening your life to continuing to work there, go someplace else. Your life is more important that any job. Death threats are illegal, even in No. Carolina, you could report the death threats to the police as this is also a crime. Death... Read more »

2 Answers | Asked in Landlord - Tenant for North Carolina on
Q: Being evicted NOT due to non-payment or illegal activity

Been renting for 6 years on an agreement, no lease. Landlord now say he needs the house, no other reason, and giving us 30 days.What rights do I have?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

In North Carolina, without a written lease agreement saying otherwise, residential tenancy is month-to-month. That means that either party can terminate by providing notice of 30 days or more. The terminating party isn't required to give a reason, as it is merely a termination, not an... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: My mother filed bankruptcy 7 11/21/2014 case # 14-06800-5-dmv what I need know her house was under bankruptcy she been

making payments sent then she had no idea she didn’t have make I just found out this is their any recourse I can take

Damon Duncan
Damon Duncan
answered on May 24, 2023

If I understand your question correctly, you are concerned because you feel like your mother has been making payments on a mortgage that she didn't have to make. If that's correct, it depends on whether your mother wants to keep the property. If she did (does) not want to keep the... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Mother filed bankruptcy in 11/21/2014 she been making payments on house since then now I found out house under bankruptc

Any thing I can do

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

All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: If my husband files BK or engages the services of a debt relief agency do I have to sign on too? Thank you for your time

It's hubby's credit cards that are the problem. I'm not on any of the accounts, but will I have to sign on if he wants to do this? I'm not clear on the laws in North Carolina regarding spouses and bankruptcy or debt relief. Thank you for your time.

Damon Duncan
Damon Duncan
answered on May 24, 2023

You are not required to file a bankruptcy with your spouse. However, they will look at your income and the household expenses. As long as you are not a co-debtor on any of the debts that he will include in his bankruptcy then his filing of the bankruptcy should not have a negative impact on your... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the HOA has placed fines and penalties for $2100 and offer no payment plan is it in my best interest to get an atty?

They are threatening to continue with lien process if not paid and offer no payment plan.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... Read more »

1 Answer | Asked in Employment Law and Civil Rights for North Carolina on
Q: Can the company that I am working with now prevent me from leaving the company by asking other companies no to hire me?

I have been treated differently in my company, no promotion, and no pay rise during 10 years of working. I decided to leave the company. I found the job the fitted me very well. I was notified by the hiring companies that despite my qualification for the job they cannot hire me because they have an... Read more »

N'kia (NLN)
N'kia (NLN)
answered on May 23, 2023

An agreement between two companies prohibiting one from hiring the other's employees is not strictly forbidden in North Carolina, although it must be written to comply with some fairly specific rules. Depending on how it is written and what purpose it is intended to serve, such an agreement... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

N'kia (NLN)
N'kia (NLN)
answered on May 17, 2023

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

James L. Arrasmith
PREMIUM
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answered on May 22, 2023

Using the phrase "i am UNIQUE" may still raise trademark concerns if "I Am Unique!" is a registered trademark. Trademark protection extends to similar phrases, even if there are slight variations in capitalization or formatting. It is important to conduct a comprehensive... Read more »

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1 Answer | Asked in Domestic Violence for North Carolina on
Q: Do I have to file charges in a domestic dispute or are they automatically filed?
Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I am licenced in Ohio, but not NC. Laws and enforcement can vary depending on your jurisdiction, so it's important to consult with a legal professional who can provide advice based on the specific laws in your area. That being said, ultimately police and prosecutors always have the final... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is my girlfriend allowed to bring her emotional support dog into my apartment

My apartment has a fee for pets and no pets are allowed in without paper work and a monthly payment. However my girlfriend is visiting with her emotional support dog. Can they refuse her dog to stay there? I am in Wilson NC

John Michael Frick
John Michael Frick
answered on May 13, 2023

No. Under the federal Fair Housing Act (FHA), management is prohibited from discriminating against the disabled and would be required to permit your disabled girlfriend to bring an assistance animal to your community (even if it is a “no pets” property). The FHA extends not only to residents,... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: The waste plumbing was improperly installed in our home from the builder. They did not prime the joints.

I had a professional inspection completed. The joints are popping apart and we have leaks throughout the crawl space. I was told a builder is responsible for improper installation for life. We have to replace all the waste plumbing in the home. Also have a concern this could be throughout the whole... Read more »

Paige Kurtz
Paige Kurtz
answered on May 12, 2023

No. North Carolina has a 6 year statute of repose for faulty construction. That typically runs from when the certificate of occupancy was issued for the home. You would have to be both within the 3 year statute of limitation and the 6 year statute of repose to seek recovery from the builder. You... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord charge for light bulbs and smoke detector batteries?

Took those costs out of security deposit

Will Blackton
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answered on May 9, 2023

Under North Carolina law, a landlord generally may not charge a tenant for the cost of routine maintenance or repairs, such as replacing smoke detector batteries, out of the tenant's security deposit.

North Carolina's Tenant Security Deposit Act (TSDA) requires landlords to return...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: My daughter is a paid hair model. Amazon and Temu sellers use her photos frequently. She has filed reports. Can she sue?

Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.

N'kia (NLN)
N'kia (NLN)
answered on May 9, 2023

Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Husband got notice of right to have exemptions designated. House is in my name. Bought pre marriage. Can they seize it?

The amount owed is under 6,000. He had a arbitration hearing and was told they had 10 years to collect. This was last year.

Since my name is the only one on the house, should I add it on the paperwork as an exemtion?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 9, 2023

If your name is the only name on the DEED (not the mortgage), your husband does not list the house on his Motion To Claim Exempt Property because he does not own it. The judgment is NOT a lien on the house. If you pass away and he inherits the house, THEN the judgment will become a lien on the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: This girl has been stalking and harassing me for almost 3 years , She even made a fake dating profile using my images

What’s the best route to go

N'kia (NLN)
N'kia (NLN)
answered on May 4, 2023

If you believe someone has committed a criminal offense against you, you could file a police report. (The police will then decide whether to bring charges and, if so, which ones.) If you believe someone has committed a civil offense against you, you could file a lawsuit. (You can usually file... Read more »

2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Will Blackton
Will Blackton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

While 501(c)(3) status is a common and often preferred option for starting an animal shelter or rescue organization, there are other ways to establish a nonprofit entity in North Carolina. Here are a couple of alternative options:

(1) Fiscal Sponsorship: Another option is to seek fiscal...
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2 Answers | Asked in Business Law and Business Formation for North Carolina on
Q: Are there other options for starting an animal shelter/rescue besides 501c3? I don’t have 3 unrelated board members
Matthew Morris
Matthew Morris
answered on May 2, 2023

The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might... Read more »

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