Questions Answered by Paige Kurtz
Q: How do I sue for unpaid wages
Subcontracted for company. They haven't paid full amounts and are claiming that they don't owe me for other jobs
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?
Lien placed on home.
20 days and property exempt form submitted.
Will sheriff give notice and how soon can sale take place in N.C.?
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... Read more »
Q: Wondering if I have the right to withhold rent for each day that my air conditioner has stopped working with pets home?
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
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?
we are paid in full but GC still has $2000 deposit we want to get back.
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... Read more »
Q: can a contractor keep my deposit for not doing any work.
To make a long story short did a contract and gave contractor 1,000 to get on the books. He gave me excuses on why he hasn’t started in 4 months for a addition on my house. I ask for my deposit back and sent me an email giving me excuses why not started and he said would give it back and would be... Read more »
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... Read more »
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
disability. now a new collection co. sent me a letter saying they were taking me to court. can they and whats my opp
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
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
Competitor want to hire me at a 12% increase in salary. Company I work for now will not match. We service some of the same customers but in differant capacities. Is the non compete enforcable?
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
With him. I contracted a job from a restaurant owner that he worked for the engineering firm. I've completed the job and now hes saying we had a verbal agreement that he get 20 percent, which is untruthful. Do i have to pay him anything without a signed contract
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.
We bought our lot from Mr. xxxx last year and he offered to build our home for us. He showed us several homes in the neighborhood and in the Hendersonville area that he built. Because of this we assumed he was a licensed contractor. All of our dealings with him, from when we first contacted him... Read more »
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... Read more »
Q: Company wants me to sign a non compete. Can they hold this against me if i never start with them?
Start date June 18, 2018. Wants non compete signed now eventhough I do not start till June 18, 2018. If i decide last minute not to start with them can they hold this against me.
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?
I'm about to get my electrical license and want to do business with the same company as my present employer
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.
If you have a loan contract signed by both parties.. can you puruse your repayment in court after the person you loaned the money to filed bankruptcy?
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).
My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.
1- At the same time, my gf & her ex-husband jointly owned a different property. They'd kept the... Read more »
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... Read more »
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... Read more »
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
I also asked if I could see all documents they had supporting the case against me he said he did not have them and was not required too. I had a business account with a business partner that I was supposedly taken off of because he took over my part of the business and we told the company that the... Read more »
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... Read more »
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
Accept payments monthly does that stop them from taking our stuff
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... Read more »
Q: How can I stop a Notice of Right to Have Exemptions Designated process after the company agreed on payments?
I was served a Notice of Right to Have Exemptions Designated. However the company that served me also agreed to make a settlement offer and which they have started accepting payments. Will this stop the action or restart it?
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?
I am about to get hired by a company that is in the home service business. My concern is that they want me to sign a non-compete agreement. After reading it I am concerned that I would be stuck with the company or will not be allowed to work in the field I have experience in if they fire me or I... Read more »
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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