Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Cameron Lambe
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How can I evict when my tenant is late every month? She always catches up when I give her the pay or quit 10 day notice.

Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the... Read more »

Cameron Lambe
Cameron Lambe answered on Aug 29, 2017

The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: I purchased a truck and took to a service center to be checked and a problem was found

can I return it and cancel the contract

Cameron Lambe
Cameron Lambe answered on Aug 25, 2017

Without more information, it's hard to say. Generally, the terms of the contract control. This means that if there was a disclaimer that the truck was being sold as is or included disclaimers of warranties or other waivers, you may be responsible for anything that's wrong with it.... Read more »

1 Answer | Asked in Civil Litigation for North Carolina on
Q: do you have to serve a notice of rights a second time after a writ of execution has expired?
Cameron Lambe
Cameron Lambe answered on Aug 24, 2017

In short, a writ of execution lasts for three months. If that time frame has expired, the notice of rights must be reserved. Please consult an attorney if there are any questions or ambiguities about dates, service, or other issues.

1 Answer | Asked in Business Law for North Carolina on
Q: I am a member of a North Carolina LLC. One of seven members. Five of us think our funds are being embezzled.

What is our recourse in determining if funds are being used for personal use by the sole financial manager. If true, how do we determine if this is embezzlement and what is the best course of action to rectify.

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

Members of an LLC have a right to inspect the books and records of the company upon request, subject to certain restrictions that may be included in the operating agreement or articles of organization. You should consult your operating agreement and articles to determine whether either restricts... Read more »

1 Answer | Asked in Business Law for North Carolina on
Q: I now own 16.667% of a company I started 20 years s ago. Do I still have a say as to how it is run?

I sold majority interest. Major partner now making major decisions without me Decisions could affect my equity value

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

The percentage ownership does not necessarily determine what management rights you have. The bylaws and/or articles of the company/partnership/corporation should spell out what the ownership and management rights and duties of each person are. If you have a copy of the bylaws or articles, there... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Can a hospital sale your home you live in with your disabled nephew that they put a lien on for unpaid bills?

my friends mother passed away last year and he moved into her house to take care of his disabled nephew, He didn't know there was unpaid hospital bill. they gave him 3 weeks to pay it and took a lien out on the house. Can they sale the house and make him move.

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

There are a lot of details missing from your question that could impact the final result. The type of medical services provided, the amount of the lien, the person against whom the lien is filed, and any lawsuit and court documents that you have so far would all play a part in determining the... Read more »

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for North Carolina on
Q: Can a default judgment be granted on me from a creditor legally without my knowledge?

I was in prison when granted. N issued. Now out and was served to list my exemptions. But all time to appeal n plead my case has passed. How is this legal without me being able to plead my case or argue the fact that the balance is more than what I actually owed. Also I'm the co signer..

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

In order to obtain a default judgment, the creditor must have been able to show the court that you were served. There are many ways to serve someone, but typically if someone is in prison, the summons and complaint are delivered to the appropriate authority at the prison and delivered to the... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I was dating a man in TN and I live in NC and I was in desperate need of a car and he paid cash for a used one.

Then we went our separate ways. The insurance and title are both in my name. His name is NOT on anything. There are NO liens on it either. My question is can he take the car away from me if we are not together any more?

Cameron Lambe
Cameron Lambe answered on Aug 3, 2017

Typically, a gift cannot be revoked by one party unless there were certain terms attached to the gift that have not been met or if it was agreed that the gift could be revoked. As long as there were no other agreements attached to you keeping the car, it is likely a valid gift to you. Of course,... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: my signed contract says i have to give 30 day notice to exit a month to month lease, which is longer than NC state 7 day

can i challenge this apartment lease clause in court?

Cameron Lambe
Cameron Lambe answered on Aug 3, 2017

A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?

Full purchase price would have been $800. The puppy died in the breeder's care before delivery, but they refuse to repay my deposit. I have two witnesses that will confirm that the breeder never used the tern non-refundable when discussing the deposit. I also have a signed, handwritten receipt... Read more »

Cameron Lambe
Cameron Lambe answered on Aug 3, 2017

I generally agree with Ms. Kurtz' answer, but would like to add that if you decide to bring this action, you could file it in Small Claims court, which would reduce the filing costs slightly.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.