If you are not in default of the contract, the vehicle cannot be repossessed. There may be other terms of the contract that can cause a breach other than missing payments. Things like the failure to insure the car probably cause a breach of the contract, but it will depend on the terms of the... View More

Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy... View More

Wage garnishment is not available in North Carolina. However, it would be possible for the judgment holder to file the judgment in Arkansas and seek to enforce it there. If wage garnishment is available in Arkansas, they may be able to collect in that manner.

Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... View More

If the credit card company has obtained a judgment against you, it can use real or personal property to satisfy the judgment. Once the 30 day appeal period passes, if the creditor is going to pursue collection of the judgment, they must send out Notice of Rights to you. This will include a Motion... View More

You can certainly discuss this issue with a district attorney, but it is unlikely they will take any action. It is really a civil matter and can be pursued through a variety of causes of action to address the issues you describe. You may also consider contacting the Consumer Protection Division of... View More

Unfortunately, the question here is not clear enough for an attorney to be able to answer your question. If you can provide more detail, you will get a better response.

You can file a small claims action against your friend for the amount of money owed or to recover the property. Since the title is still in your name, it is possible that court will order a return of the vehicle. The action must be filed in the county where your friend resides. Small claims is has... View More

Given the amount of your claim, you can file an action for breach of contract in District Court. If you are a person (not a company), then it is possible to represent yourself. However, I suggest hiring an attorney to help you with both the judgment and judgment collection process, which can be... View More

If the landlord is in breach of your written lease, then a small claims action is appropriate for any damages that you believe you have suffered.

Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.

Powers of attorney are not valid once a person is deceased. At that point, the estate administration handles the person's assets. You will need to consult with an attorney that handles probate/estates for assistance.

All negotiations that occur prior to the written contract are considered to be reduced to the written contract. Thus, since the written contract occurred after the emails, the written contract will likely govern. There is a possibility that a mutual mistake occurred and then the contract term could... View More

You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.

It will likely depend on the language of the contract as to whether the increased cost is valid. If that comes in an e-mail with no other terms, your oral statements could also potentially be a part of the contract. If the contractor did not state that this was an estimate or the actual costs may... View More

There is no reason why a tenant can't draft a lease and present it to the landlord for signature.

Ultimately, the fact that the contract cannot be produced may be problematic for the company. It is likely that this will only be sorted out in litigation. So, if they cancel your contract and you believe you have rights under the contract, you are going to have to pursue litigation. If the... View More

It does not appear that bringing your daughter is a violation of either of these clauses as you are neither sharing information with her or subcontracting any of your work to her. At that age, there is really no problem unless it impacts your work in any manner. At some later age, an argument could... View More

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.

The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it... View More