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Questions Answered by Lynn Ellen Coleman
3 Answers | Asked in Collections for North Carolina on
Q: I need a listing of lawyers in Mecklenburg county that can consult me on a debt collection suit
Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: There's a longer story, but my basic question is how long can a trash service leave their trash can in my yard?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Statue of limitations for larceny of theft in NC

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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.

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my employer change my contract without consideration?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Consumer Law for North Carolina on
Q: my ssn and credit and also trading my vehicle. They are still asking for a cash down payment. How should I cite TILA?

By law am I required to still put a cash down payment?

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Trade It, a local pawn shop, sold me a gaming laptop that overheats in TJUNCTION. I returned it next day but now…

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

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2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

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1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Name of the Motion to substitute one exempt vehicle for a used vehicle purchased due to change in circumstances?

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

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.

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Hi. Do we have a case against a car company who's giving us alot of red tape to get our car back after we have paid what

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

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.

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Collections for North Carolina on
Q: What is the difference between a premium lawyer and a normal lawyer? Do they come with extra features?
Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

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 »

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

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?

Lynn Ellen Coleman
Lynn Ellen Coleman
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 »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: I executed a new deed adding my wife in NC last year creating TBE. She is now being sued by Discover. Is the house safe?

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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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