Paige Kurtz's answer At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.
Paige Kurtz's answer The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object to your exemptions which will then require a court hearing on the exemptions.
Paige Kurtz's answer No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.
Paige Kurtz's answer You may not withhold rent. If the landlord is not complying with the law, you will need to file suit against the landlord to enforce the obligations that the landlord has under the law to provide a unit that is livable.
Paige Kurtz's answer If the contract has not been fully performed and the contractor is in default, it is possible to terminate the contract with the appropriate notice (if required by the contract). Not sure I understand how the deposit works or why it would come back to you, but would need additional information to answer your questions.
Paige Kurtz's answer Yes, you should proceed with your small claims case. The contractor would only be allowed to retain monies for work actually performed and based on the reasonable value of the services. Its fairly unlikely that the pictures would be valued at your deposit. Be prepared to present your case to the small claims magistrate along with any documents, witnesses and records of your communications that are appropriate.
Paige Kurtz's answer If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.
Paige Kurtz's answer Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
Paige Kurtz's answer Contracts can be in writing (some are required to be in writing) or oral. Oral contracts are valid. So, its really a question of whether you agreed to pay the 20%. If not, then you don't have to pay it, but that doesn't mean that person won't pursue you to collect the amount.
Paige Kurtz's answer You should absolutely consult with an attorney as this is a breach of contract by the general contractor. It sounds as if there may also be issues with the contractor's licensing and you may need to address that as well. Locate an attorney that handles construction law issues and get some advise now.
Paige Kurtz's answer In order for a non-compete to be valid, there must be some consideration. Usually, the consideration is in conjunction with the employment itself. Unless they provided you with some consideration other than the employment, it would not be valid.
Paige Kurtz's answer Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.
Paige Kurtz's answer Once a person files bankruptcy, there is automatic stay on all actions against the debtor. Your debt is more than likely covered by the bankruptcy, but an attorney would need to review your documents and the bankruptcy filings for confirmation of the status.
Paige Kurtz's answer It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for a legitimate business purpose and for the value of the asset. Since your questions are fairly detailed, you will need to discuss the transactions with an attorney for complete assistance.
Paige Kurtz's answer If you sign a contract, there is no obligation for the creditor to remove you because of a split with your business partner. If you had a contract as a part of your split that the partner would take responsibility for this debt then you may have claims against the partner. In terms of the debt, I would request a copy of the court file then review it with an attorney to see if there are any options with respect to the judgment. The attorney will need to review how you were served and determine...
Paige Kurtz's answer You will need to make that agreement with the creditor. Typically, when a creditor accepts payments it is in lieu of collecting on the judgment. You should confirm any agreement that you make with the creditor is writing and it should include a statement that as long as you are in compliance with the payment plan, no efforts will be made to collect on the judgment.
Paige Kurtz's answer There is not really a way to stop this process once it starts. If you intend on claiming your exemptions, go ahead and do so, otherwise, you will waive them. Then you can proceed with the payments.
Paige Kurtz's answer Yes, non-competes are valid in North Carolina, but they are subject to certain restrictions. They are valid in all states except California. If you are concerned about its validity in North Carolina, have an attorney review the clause and advise you on any issues with it.
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