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Questions Answered by Paige Kurtz
2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina on
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 »

Paige Kurtz
Paige Kurtz answered on Apr 23, 2018

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.

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1 Answer | Asked in Collections for North Carolina on
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 »

Paige Kurtz
Paige Kurtz answered on Apr 12, 2018

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 »

1 Answer | Asked in Collections for North Carolina on
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

Paige Kurtz
Paige Kurtz answered on Apr 2, 2018

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 »

1 Answer | Asked in Contracts for North Carolina on
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?

Paige Kurtz
Paige Kurtz answered on Mar 26, 2018

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.

1 Answer | Asked in Contracts and Employment Law for North Carolina on
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 »

Paige Kurtz
Paige Kurtz answered on Mar 23, 2018

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.

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz
Paige Kurtz answered on Mar 22, 2018

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: In NC can the law come in where i live and take things due to a credit card judgement?

I was served papers for a Discover card judgement. I was told i had 20 days to return a paper with a list of exempt items or they would come back and start removing items. Can the do this or do i need to make a list? I was also wanting to know is there a certain amount i can sent them each month,... Read more »

Paige Kurtz
Paige Kurtz answered on Mar 14, 2018

Basically, any asset that you have may be seized to satisfy the judgment. If you have the opportunity to claim exemptions, you should do so. If you need assistance, you can make a request to the clerk for a hearing in which assistance will be provided, but you must do so within the 20 day time... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: We contracted to build a house in a development. We did not have the contingency to sell our current home. We were

going to use the proceeds from the current home to purchase the new home. Our current home is not selling and we have only a month before closing on the new house. Can we back out of the contract for the new home and only lose our $5,000 or ca the builder sue us for money?

Paige Kurtz
Paige Kurtz answered on Mar 12, 2018

Any damages that the builder suffers as a result of your breach of the contract could be recoverable. It also depends on the language of your contract with the builder. I would suggest consultation with an attorney before backing out of this contract.

1 Answer | Asked in Bankruptcy and Contracts for North Carolina on
Q: Is a spousal guarantee on a loan enforceable if the spouse never benefited from the loan?

Wife signed a 100K loan as a spousal guarantee. Husband later filed bankruptcy, wife did not. Complaint filed against spouse (wife) for repayment of the $100K. The $100K went to a company in the husbands name where the wife has no owner interest, is not an officer nor employee. Can this be... Read more »

Paige Kurtz
Paige Kurtz answered on Mar 7, 2018

Guarantors can be anyone, they don't necessarily have to be related to the purpose for the which the funds are used. The consideration for the transfer is the giving of the loan itself. Because of the guaranty (additional security for the creditor), the creditor made the loan.

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: I am starting multiple companies at the same time. Do I need to incorporate each or can the be held as subsides ?
Paige Kurtz
Paige Kurtz answered on Mar 1, 2018

It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for North Carolina on
Q: I have a judgement against me that is 3 years old. I bought a house can the creditor put a lien on my house?
Paige Kurtz
Paige Kurtz answered on Feb 12, 2018

Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

1 Answer | Asked in Collections for North Carolina on
Q: I have received a Notice Of Rights In North Carolina, will I get a visit from Sheriffs that can enter my home?

I have filled out the form, and there is not enough space to list personal property, am I allowed to say in that space "see attachment" and have a a detailed list of my personal belongings and are my son's personal belongings in jeopardy?, I am told horror stories of the local sheriffs department... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 12, 2018

You can always attached another list with specific personal items if there is not sufficient room on the form. It can also be described as "household furnishings" "clothing" or the like. Once your Motion to Claim Exempt Property is filed, the clerk will enter and Order on your exemptions. The... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: What do I need to do with an execution questionnaire?

I received an execution questionnaire a few days ago. I have already filed paperwork with the clerk for my exemptions a few weeks ago. The questionnaire asks for items that I am claiming exempt. Do I need to fill in these details again? What are typically the next steps after receiving the... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 12, 2018

There is no formal form known as an execution questionnaire, so I am not sure I can answer this question. If you have already filed your Motion to Claim Exempt Property and that was served on the creditor, the clerk will then issue an Order on your exemptions. If this comes from the sheriff, you... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Collections for North Carolina on
Q: Are creditors required to notify defendents if they renew a default judgment?

Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd, or 4th... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 1, 2018

If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

1 Answer | Asked in Contracts and Collections for North Carolina on
Q: Does the foreign judgement start when it was transferred to NC.

There is a foreign judgement against me and they put a lien on my house.Judgement is from 14 years ago.It was a truck lease.I moved to Europe 17 years ago and I was never served.I came back 8 years ago.Does the statute of limitations start in NC when the judgement was originally made in NJ or when... Read more »

Paige Kurtz
Paige Kurtz answered on Jan 29, 2018

Foreign judgments, if filed and served properly, become judgments in North Carolina just like domestic judgments with a ten year statute of limitations. Before the end of the first 10 years, it can be "renewed" for an additional ten years, but that does not renew a lien on real property. That lien... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a text message between the listing agent and sellers agent a binding contract? Bother parties agreed on a price.

All documented in text between realtors.

Paige Kurtz
Paige Kurtz answered on Jan 29, 2018

All contracts for the sale of real property must be in writing in North Carolina.

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: Business contract

We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still hasn't been... Read more »

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: My wife and I are divorced. we have written signed agreement that she would be responsible for paying the remaining

money owed on a rental. She didn't. now the landlord has taken it to small claims court and I am on the summons. Will the written agreement free me being liable for the money owed?

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

The agreement between you and your wife does not absolve your responsibility to the landlord as the landlord was not a party to the agreement and did not agree to release you from the obligation. However, if you have to pay the landlord or incur that liability, then that would be a breach of the... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I pay over half my rent on the due date and then give the rest 2 weeks later can my LL still charge me a late me?
Paige Kurtz
Paige Kurtz answered on Jan 25, 2018

More than likely, yes, the landlord change charge a late fee, but it would depend on the terms of your written contract. Most, if not all, leases provide that the entire rent payment is due on a particular date. If it is not paid in full, then you are not in compliance with the contract and a late... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: I have a verbal agreement to replace roofs on 3 units. Completed 2. Owner wants 3rd done by another crew. Can I stop it?

Agreement was to do all 3 units. Have been paid for completion of 2. Materials are on site for 3rd, that I had ordered. Owner is satisfied with quality of work but says he can have 3rd done faster by migrant crew. Does he have to honor our agreement?

Paige Kurtz
Paige Kurtz answered on Jan 25, 2018

Unless you have a written contract that does not allow for termination, the contract can be terminated. However, the owner would be responsible for paying you for materials already purchased and any other costs you incurred in preparing to perform the 3rd building. There may also be other damages... Read more »

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