I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... Read more »
answered on Feb 15, 2023
When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.
For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession... Read more »
We bought the car on the first of the year. Financing is fine, insurance is fine. Dealership issued a 30 day tag, which expired on the 30th. We now cannot drive the car, because the dealership never sent us a permanent plate when we realized they’d registered it to me and a complete stranger, as... Read more »
answered on Feb 7, 2023
The North Carolina DMV DOES have an office that handles these kind of claims called the "License and Theft Bureau".
Go to this link (copy and paste into your browser)
Turn OFF the... Read more »
the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »
answered on Jan 31, 2023
I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »
I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...
answered on Jan 21, 2023
The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... Read more »
I have a document that was not presented in courts with the other documents
answered on Jan 18, 2023
A North Carolina attorney could advise best, but your question remains open for two weeks. If you mean closed in the sense of a decision being rendered and the time period for appeal has passed, then it's possible the opportunity to re-open has passed. If the case had been withdrawn, it could... Read more »
answered on Jan 5, 2023
It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... Read more »
I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... Read more »
answered on Jan 4, 2023
Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... Read more »
answered on Dec 20, 2022
A North Carolina attorney could advise best, but your question remains open for three weeks. If it isn't a legitimate reduction, such as loyal customer or safe driving record but rather an error, they could move to recoup it. Good luck
answered on Dec 13, 2022
A North Carolina attorney could advise best, but your question remains open for two weeks. To avoid further delays, you should repost and add Civil Litigation and Collections, or reach out to attorneys in those categories to discuss options. Good luck
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 »
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 »
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 »
answered on Nov 28, 2022
You probably need to hire an attorney to file an action for a Sale For Partition.
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 »
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 »
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.
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 »
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 »
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 »
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 »
As I don’t dispose of the proceeds?
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.
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 »
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 »
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 »
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 »
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?
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.
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 »
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 »
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