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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Collections for North Carolina on
Q: I was sued and lost but the case was filed in a different county than the one i live in is this a valid suit

It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.

The general rule is that debt collection lawsuits must be filed in the...
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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More

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2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I sue a company for false advertising by sending me a email saying I won money and as I read it then says I may have

I received some emails stating I won with the amount but it was false advertising

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 3, 2024

You could, but you will not win. You have no damages, because you realized the ad was misleading. You also could not file a lawsuit like this in small claims, you would have to file in District or Superior Court which means hiring an attorney. It would be difficult to get an attorney to handle this... View More

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for North Carolina on
Q: Is this extortion?

I received a letter in the mail from home depot threatening to lower my credit limit if I do not make a purchase by a certain date. They have done this to me once before and when I was near a home depot working on a project I had to get my limit increased again. I feel like if they threaten to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

There is nothing illegal about this. Citibank (who I believe issues the cardit card) has the right to change the terms of your card at any time by notification. Any bank can close your card if you do not use it after a certain amount of time, as well. Accepting the reduced credit limit will hurt... View More

1 Answer | Asked in Foreclosure for North Carolina on
Q: Foreclosed house, auction set, bank says I can sell before auction. Can the bank force separated wife to sign contract?

We’re separated and both are on loan, she has refused to assist and pay mortgage and without her participation and income help house fell into foreclosure. Auction sale has been set for 60 days out but bank says house can be sold before the auction but separated wife will not agree to sign any... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 2, 2024

Unfortunately, no Bank can force your ex to sign the necessary paperwork for the sale. The time for getting a Judge to do that has passed, and whether or not that was possible depends upon the equitable distribution/separation agreement that you and your ex had in place. I assume that's what... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Motor repair cost $15,000, warranty company is covering $10,000 cap, 3 weeks after purchase. Is this even legal?

We put less than 3,000 miles. The mechanic is saying the warranty company is only going to cover $10,000 and the car requires another motor, making total cost around $15,000. We put down payment, insurance, extended warranty as there was no dealer warranty. The warranty company technically accepted... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 1, 2024

An attorney would have to review the warranty itself to make sure that all covered charges are being paid for. How much is the deductible (the amount you have to pay for repairs). Is there a limitation on how long you have to own the car before the warranty will come in to effect, or a limitation... View More

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 25, 2024

A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?

i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted.

The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume)... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 31, 2023

You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to "pay double". It is not illegal for an... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home

The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 11, 2023

If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can a towing company legally hold my vehicle after payment is made, telling me they are appt only & can't get for 24 hrs

I paid the past due on my vehicle last wednesday, they refused to release my vehicle until today stating they had to make sure the payment wouldn't reverse. I was reassured by multiple people that I could get it back today only to get the release sent and now the towing company says oh our... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Unfortunately there is no law requiring a car lender to use a repossession company which is conveniently located. If the vehicle was damaged during the tow, you may have claims against the tow company for the amount necessary to repair - but you have to pay for the repairs yourself and then bring a... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Communications Law for North Carolina on
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late

I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I get Walmart to fix my car if after an oil change my engine messed up.

I got a oil change from Walmart on November 22nd in Virginia. On my way to North Carolina the 23rd, my car lost power on the highway and started making a knocking noise. I pulled over as soon as possible and after some looking around noticed that there was a gas smell coming from the oil. The motor... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 25, 2023

You should not have it towed to a WalMart first. Instead, have the car examined by a mechanic of your choice first and if that mechanic believes an error with the oil change caused the issue, get that opinion in writing. Then, have the car towed to WalMart for inspection and provide WalMart with a... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: My gym cancelled my membership because they said I was doing something outside the gym but not related to my membership.

I went to work out yesterday. The gym operator said, without and evidence or truth, the operator said he had spoken to several "families" and i was involved in some kind of behavior he didn't like. When I asked what that behavior was he refused to explain or tell me who he had spoken... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 24, 2023

This is very difficult to answer because we cannot see your membership contract. There are no laws regulating gym memberships in North Carolina other than one saying the maximum length is three years, and the contract must cleary disclose the right to cancel and how to cancl - for the buyer (not... View More

1 Answer | Asked in Consumer Law, Civil Rights and Banking for North Carolina on
Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday

Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan

I called immediately and was told... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 15, 2023

A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I just purchased a 2nd home, and the HOA is refusing to provide a mailbox (community mailbox) due to the fact it is not

our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 5, 2023

Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I live in a D. R. Horton mobile home. It's been ravaged with water damage. I'm in debt now. Can I join this suit?

The home is made of masonite. I only recently found out this is irreparable after using 3 credit cards to fix the siding, roof, and windows. My doors are warped and I can't afford to get this place energy efficient. I've got mold and the mold has made given me brain fog, increased bodily... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 7, 2023

You do not provide any information about the lawsuit you want to join. I am aware there are some class actions against that builder for their stick built homes pending in states other than North Carolina, and if you were a member of that class you would have been notified once the class is... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Is it legal for Lowes (or their delivery agent) to charge me a $3300 storage fee without prior notice or authorization?

Dear Attorney,

I bought kitchen cabinets in March, which the manufacturer shipped to Lowes' delivery agent around May 1. They were intended to be installed in June, but due to ongoing construction delays we have had to reschedule the delivery date several times, most recently to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2023

The paperwork you signed probably says that you must pick up the cabinets upon notice of delivery or something to that effect. There is no law saying that they cannot charge a storage fee or that they have to disclose it to you beforehand. You should seek out alternative locations to store them if... View More

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