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3 Answers | Asked in Collections for North Carolina on
Q: My house is protected by tenants by the entirety. I have a civil judgement against only me from a creditor.

Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?

N'kia (NLN)
N'kia (NLN)
answered on Jun 14, 2023

Generally, selling real property owned by tenants by the entirety converts the proceeds of the sale to the personal property of the respective tenants. As separate personal property, the proceeds are then subject to collections.

There is no real way to anticipate whether or not a creditor...
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1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: What are my property owner rights when neighbor plants hedges on the property line.

The property has been recently surveyed. Also what are my future rights, when these hedges become much bigger?

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

It depends on various factors, such as whether the plants are damaging your property or somehow decrease its value. You would likely need to consult with an attorney directly, as the attorney would want to see the survey to try to ensure they properly advise you of your rights based on the... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it true, If an individual makes less than $600 a year that the individual does not need to sign a W9?
N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

That's not exactly accurate. Generally, whether or not someone is required to complete a Form W9 is related to how much they are paid (or supposed to be paid) by a specific source of reportable income. Unless an exception applies, someone who receives reportable income from multiple sources... View More

1 Answer | Asked in Contracts on
Q: Are independent contractors with fixed length contracts in Virginia subject to at-will termination?

My one-year contract states that both parties will "attempt to give adequate notice (six months)" should a decision be made to terminate the agreement. Does this mean that notice needs to be given? Or can either party still exit the agreement with zero notice?

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

In the U.S., contracts are very state-specific. So, an attorney couldn't offer much direction without knowing the applicable state. You might consider having an attorney review the contract so they can advise you on your specific rights and responsibilities. (You could also try re-posting your... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Does my employer have to compensate me for hours I worked as overtime?

I was terminated today from my job.

I have worked close to 20 hours of overtime not asking for pay once, and was let go. I used to have documentation of this, but that file disappeared from my work computer shortly after I was terminated. They have proof that I came to work early and... View More

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Generally, unless they are "exempt" from overtime requirements, employees must be paid for their overtime work. A knowledgeable employment law attorney could help evaluate whether or not a particular employee is/was exempt, the strength of their evidence, and the strength of their claim.... View More

1 Answer | Asked in Contracts and Tax Law for North Carolina on
Q: Business agrees to hire a local police department for off-duty services. The business is asked to sign a contract from

the PD about the pay rate and duties required. Contact signed, &work has been completed, but now business will not pay officers until w9 is filed. This was not in the contact &the pay for each officer would be under $600.

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Depending on such factors as the amount of pay a contractor receives, requiring the contractor to sign a W9 may be required by tax law. The party paying the contractor doesn't necessarily need to spell this out in the contract or disclose it ahead of time, because it isn't a term that the... View 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... View 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... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
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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... View 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... View More

1 Answer | Asked in Business Law for North Carolina on
Q: Can I sell something for more than what it is worth?

For example. Can I sell a sofa worth 2500 for 7500 via auction, and claim it is worth 13 to 15k in value when its only worth 2500? Is this legal?

N'kia (NLN)
N'kia (NLN)
answered on May 22, 2023

Giving a false and misleading statement about the value of an item to induce someone to buy it can be illegal. Additionally, most reputable auctions use independent experts to assess the value of auction items, rather than relying on the word of the seller.

1 Answer | Asked in Copyright, Personal Injury, Identity Theft and Intellectual Property on
Q: How to correctly compose a letter under Article 17 U.S. Code § 512?

I want to file a complaint about the removal of content that was not public and is used without permission.

N'kia (NLN)
N'kia (NLN)
answered on May 20, 2023

A DMCA Takedown Notice must be tailored to each specific situation. So, an attorney would need to review the evidence to be able to compose one or help someone else compose one. Also, keep in mind that a response other than or in addition to standard DMCA Takedown Notice language might be... View More

2 Answers | Asked in Trademark and Intellectual Property on
Q: am i aloud to use the Lorax trademarked name if its not for a childrens media and instead for an adult media?
N'kia (NLN)
N'kia (NLN)
answered on May 18, 2023

Any time that you're considering using a trademark BECAUSE it's already famous, that's usually a clue that you could be headed down the road toward infringement. You can always ask permission to use someone else's trademark. But if the owner is a big company, there's... View More

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property on
Q: testing efficacy of a hitherto unpatented crossword exercise design
N'kia (NLN)
N'kia (NLN)
answered on May 18, 2023

This is a Q&A forum. You might try posting again and including a specific question that an attorney can try to answer for you. Good luck!

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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?

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... View More

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2 Answers | Asked in Intellectual Property and Trademark on
Q: Hello,My wife runs a etsy shop and one of her items she designed was deactivated for infringement.

We would like to understand the nature of the infringement. These are the details.

Lightcage LLC Intellectual Property

US Word Trademark "Bullet Journal" No.5573248 in class 16 trademark

Trademark registration number: 5573248

Trademark jurisdiction: US... View More

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

An attorney couldn't tell you exactly what's going on without reviewing the notice and your wife's listing. However, if the listing included the phrase "bullet journal" for anything like THE bullet journal, the trademark owner of that phrase would be well within their... View More

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1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... View More

2 Answers | Asked in Trademark for Texas on
Q: CAN YOU HELP DRAFT A LICENSE TRADEMARK AGREEMENT FOR OTHER AFFILIATES OF GROUPS USING MY TRADEMAR

I NEED A HELP IN CREATING TRADEMARK LICSESNING AGREEMENT LETTER FOR OTHER GROUPS USING MY TRADEMARK.

THANK.

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

You've posted your inquiry in the anonymous Q&A section. This section isn't used for connecting with individual attorneys to provide legal services, only for receiving answers to legal questions. To connect with an attorney who might be able to assist you, you should try searching the... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... View More

N'kia (NLN)
N'kia (NLN)
answered on May 15, 2023

You didn't ask any questions, so it's not clear exactly what information you're seeking. With that being said, trademark infringement can be very costly. And either ignoring a cease and desist letter or responding with the wrong information can exacerbate the situation. Anyone who... View More

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1 Answer | Asked in Civil Litigation for North Carolina on
Q: Is there a secret to finding a lawyer that will at least take the time to talk to me about a controversial issue?

I have been trying to find a lawyer to help me sue government officials. After a lot of researching, I believe there is a good argument for waiving sovereign immunity and government approval to sue.

I cannot find a single lawyer that will be willing to help me or even talk to me. Are there... View More

N'kia (NLN)
N'kia (NLN)
answered on May 15, 2023

There is no secret. You could try searching phrases like:

"North Carolina government litigation attorney"

"Sue North Carolina government officials"

"North Carolina lawsuit against government officials"

"How to sue/Can I sue North...
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