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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.

Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would... Read more »

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for North Carolina on
Q: what steps can I take to obtain money that is due to me and fully gain ownership of the house completely?

I co-owned a house and property with my older sister since 2013. She has kept all the rent money for 8yrs, then she has sold 50% of the property behind my back on April 21, 2021 to her friend and didn't tell me until 8 months later. Her friend is committing larceny as well. I recently found... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 28, 2022

You probably need to hire an attorney to file an action for a Sale For Partition.

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 »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 11, 2022

Yes it's possible. She hasn't made all her payments; she's missed 3. If you want to make certain that nothing happens to mom, make the payments on her behalf.

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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, 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 Insurance Bad Faith and Civil Litigation for North Carolina on
Q: I wanna know how I'll be able to go about sueing my insurance company, just questions about it
Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. You could reach out to civil litigation attorneys who handle insurance claims. Some more detail would be helpful as to the type of matter you have - auto, home, life, health, etc. Some attorneys specialize... 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 »

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I am in NC and executrix of my father’s will. I inherited a home. Can I sell it while under a standstill order as long

As I don’t dispose of the proceeds?

Ben Corcoran
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Ben Corcoran
answered on Sep 19, 2022

Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.

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, 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 Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 21, 2022

First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Real Estate dispute: What recourse is there? one party gave a room for rent without informing the owner.

Party A, and B.

Party A lives on property, gave monetary value, during closing, to own 25% of the property. There is no writing in place. Their name is not recorded on the deed. Credit was not pulled. Verbal agreement was : to help pay half of the mortgage and other costs. Take care of... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 19, 2022

This situation is difficult to determine, and I would have to review all documents to give you a complete answer. However, legalistically, it sounds like you are the only property owner, which would make the other "owner" a tenant or guest on the property. Where it goes from there, I... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison
answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Probate for North Carolina on
Q: Our 100+ yrs old family cemetery is kept by our assoc. What are rights re sale of property it's on?

We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 28, 2022

Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.

Q: Can I sue a business who made me get costly insurance and certifications to work with them if after I do so they ignore?

I had been in talks with a large college for over a year about running my mobile business on campus, I moved states, and got the insurance/ certifications/ inspections they told me I had to get to work with them (all of which costed money) and after doing all that specifically for this school,... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. It could be difficult for ANY attorney to answer your question based on these brief facts. An attorney would likely want to see agreements, contracts, and communications between you and the business. If you... Read more »

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 Estate Planning and Civil Litigation for North Carolina on
Q: My stepdad died last year, he did not have a will. Can his two sons taker her to court and sue her?

He left her the money and the cars. One son took her to court already, can he do it again? Also, the middle son is threatening to taker her to court as well. What can she do?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 2, 2021

Without seeing the bank account information and car titles I can't guess as to the ultimate outcome of the suits, but you can sue anyone for anything. I am guessing that the bank accounts were joint with right of survivorship accounts and if so then they pass outside of the estate, the car is... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar
answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Can I be evicted before June 30, 2021 under the CDC Care Act, after receiving a notice of non-renewal of lease in March?

Vacate date April 30, 2021.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 19, 2021

depends on what they are trying to evict you for, the only evictions that cannot happen right now are for non-payment of rent or fees. If they are evicting you based on the theory that your lease term expired then yes you can be evicted.

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