answered on Feb 1, 2023
You don't mention if you are trying to collect from someone, or if you are defending a collection against yourself, or if this is a business collection matter. If you are defending against a personal collection you could start out with consumer bankruptcy attorneys (many also defend... Read more »
He's daughter 16. So we couldn't get nor even his clothes?
answered on Feb 1, 2023
Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
If a North Carolina resident dies without a will, is not married, and has a child, the child inherits all property. Go to the courthouse to the Clerk of Court Estates Division for the county where he lived when he passed and open up a simple estate for him. Some Estate departments are "by... Read more »
I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... Read more »
answered on Jan 30, 2023
I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... Read more »
I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »
answered on Jan 28, 2023
It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »
I’ve read online from some employees of large corporations like Walmart and Target that these companies have a tendency to avoid prosecuting thieves until they have accumulated enough stolen property to constitute a felony. This begs the question of statute of limitations from misdemeanor to... Read more »
answered on Jan 24, 2023
This is a criminal law question, not a consumer law question. As far as a civil lawsuit, the statute of limitation for money owed is 3 years not matter what the amount, and it starts fresh with each incident. Please repost this under Criminal Defense.
I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... Read more »
answered on Dec 14, 2022
This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... Read more »
By law am I required to still put a cash down payment?
answered on Dec 14, 2022
A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.
TILA does not mean they cannot require a cash down payment. TILA... Read more »
But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... Read more »
answered on Dec 13, 2022
This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... Read more »
I live in NC.
I purchased the car from an Auction in OK.
They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.
The only document I received regarding the purchase was an invoice that... Read more »
answered on Nov 29, 2022
Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »
My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »
answered on Nov 11, 2022
Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by
allowing a security interest to be placed on the property or by delivering the property to a... Read more »
Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... Read more »
answered on Nov 6, 2022
The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... Read more »
They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.
answered on Nov 6, 2022
I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... Read more »
We owed last last Friday? 1st they said the car was already on auction to be sold. After we paid everything they said 5-10 bus days, today they said maybe tomorrow. Another person is now saying the car is in Charlotte. NC. and it will take another 10 days to do paperwork before we can come get the... Read more »
answered on Oct 27, 2022
Unfortunately, this is too complicated to answer online. If all you have been getting is verbal reassurance from the lender, you may be in trouble and the car may already have been sold. You need to get something in writing from the lender. Contact a local attorney for assistance with the specific... Read more »
The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.
answered on Oct 25, 2022
If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... Read more »
answered on Oct 24, 2022
If you are speaking about references to attorneys on this web site, there is no difference. "Premium" attorneys pay for placement and advertising on this site. Others who have profiles here do not pay for advertising and actually many do not use this service through answering questions,... Read more »
Closed July 2021.
Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »
answered on Sep 29, 2022
Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
answered on Sep 19, 2022
Your bankruptcy attorney needs to review the court Order and any related property settlement agreement to be certain. However, if this was simply a division of property and not an alimony or "support" order, it would be dischargeable in a Chapter 13 bankruptcy bit not in a CHapter 7... Read more »
The debt is only in her name.
Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks
answered on Sep 16, 2022
You are correct, however, if Discover gets a judgment against her and she does not pay off or resolve the judgment before you die, the judgment automatically becomes a lien on the house. Judgments are enforceable for 10 years, and are easily renewed for a second 10 year period. Your wife needs to... Read more »
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