Questions Answered by Paige Kurtz
Q: How do I sue for unpaid wages
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.
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.
Q: With Lien notice, how much time before sale of home in NC?
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.
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.
Q: Wondering if I have the right to withhold rent for each day that my air conditioner has stopped working with pets home?
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.
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.
Q: Is it illegal to withhold rent in the state of North Carolina If a landlord is not fixing the unit that is unlivable
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.
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.
Q: i have a short (1.5 page) contract with a GC, time and materials. No cancelation terms in contract- can we terminate?
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.
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.
Q: can a contractor keep my deposit for not doing any work.
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.
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.
Q: I had an unsecured credit card. lost my job and missed 4 payments. they sold it to a collection agent. I am now on mili
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.
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.
Q: my mother is the borrower and I'm the co signer of a car loan, then car was repossessed. Can they come for both of u
Paige Kurtz's answer
Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.
Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.
Q: Non Compete Agreements are they enforcable in NC
1 Answer
| Asked
in
Business Law, Employment Law and Contracts
for
North Carolina
on
Answered on Jul 23, 2018
Answered on Jul 23, 2018
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.
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.
Q: I'm a licensed General Contractor and a designer wanted me to go into business with him and i did not go into business
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.
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.
Q: Our builder walked off the job leaving us with thousands of dollars work that needs to be corrected.
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.
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.
Q: Company wants me to sign a non compete. Can they hold this against me if i never start with them?
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.
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.
Q: No contract with employer can he block me from doing business with a company after I leave his company?
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.
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.
Q: I loaned a friend money for a business startup. That was signed by him and I. My question is below.
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.
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.
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).
1 Answer
| Asked
in
Banking, Business Law, Contracts and Collections
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
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.
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.
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
2 Answers
| Asked
in
Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Paige Kurtz's answer
You will need to seek relief in the bankruptcy court. Once the bankruptcy is filed, there is an automatice stay on all actions against the debtor.
You will need to seek relief in the bankruptcy court. Once the bankruptcy is filed, there is an automatice stay on all actions against the debtor.
Q: I have a lien on my home from a old debt I called to try and pay on debt and was laughed at and told I owe double
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...
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...
Q: I lost a judgment and now got 20 days to give property exempt for taking im trying get a monthly payment set up if they
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.
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.
Q: How can I stop a Notice of Right to Have Exemptions Designated process after the company agreed on payments?
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.
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.
Q: North Carolina non-compete agreement as a service technician?
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.
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.
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.
