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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 12, 2021

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: Realtor wants to buy deceased mother’s house before foreclosure and split profits. Is this a scam?

My mother passed and her husband, though separated, is considered next of kin since she didn’t have a will. He neglected to open her estate. The hearing for foreclosure was 2 weeks ago. Ever since this realtor has been calling wanting to buy her house and split profits between himself, moms... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 13, 2021

You are the next of kin with regard to real estate. If you die without a will in NC and you are married and have a child: you spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: If my contractor is not finished by the end date, can I terminate his employment?

Contract date is 6-8 weeks, start date 13 April, so end date is 8 June

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 3, 2021

This is impossible to answer without a review of the entire contract. 6-8 weeks is pretty vague. There are no doubt other terms of the contract. Any attorney who would say "yes" is letting you, a non attorney, interpret what part of the contract is important and what part is not... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I have been served with a civil summons that needs a written response and im not sure what i am supposed to be writing.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

You have to either admit or deny each paragraph of the Complaint. You also need to plead any affirmative defenses that you may have. If you are being sued for a debt, I suggest you speak to an attorney experienced in those matters for specific advice. You may have legal defenses that you are not... Read more »

1 Answer | Asked in Foreclosure and Divorce for North Carolina on
Q: House is headed for foreclosure and wife won’t speak to me. How can I sell house to avoid losing $$

She will not talk to me at all, changed phone, won’t even discuss school, health, etc about our remaining minor child. Once COVID protections are lifted our lender will foreclose. She won’t talk but I need to sell. It is best for her and kids as well. I am unemployed for over a year

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 25, 2021

It sounds like you are separated from her. The only way possible would be to file for "equitable distribution" and the Court could enter an Order requiring her to cooperate with the disposal of any marital assets. Otherwise, you cannot force her to sell. You should get an equitable... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... Read more »

2 Answers | Asked in Collections for North Carolina on
Q: The lien was released via debt cancelation, per the statute of limitations. Are they required to satisfy the judgement?

The judgment expires this October. The bank rep says they have the options of: 1)allowing the judgement to expire 2)extending the judgement for an additional 10 years and/or 3)requiring some type of payment to satisfy the judgement. She says they are not required to satisfy the judgement unless... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 11, 2021

If you made no payments but received a Form 1099C cancellation of debt, your Judgment was not "satisfied" or "resolved" or "paid off". They can still legally collect on it even though on their books they deemed it "uncollectible" and wrote it off of their... Read more »

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1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: If I received a Motion for Summary Judgement do I need to show up to that court date?

I’ve been working with a debt settlement company for almost two years and my discover acct is the account that I received a Court Calendar and a Motion for Summary Judgement. I’ve almost been making payments to my debt settlement company for two years as well.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 29, 2021

You won't go to jail if you don't show up, but a judgment will be entered against you for the full amount owed. In order to keep a judgment from being entered against you, you need to file an Affidavit which controverts one of the facts necessary for them to get a judgment. That needs to... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can an airline change a published price on the fly
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 9, 2021

Most likely, yes they can. There is always "fine print" associated with airline fares and they can charge different amounts based upon the time of day, day of the week, % of seats filled on the flight, etcetera.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My family members are renting a house in North Carolina.

My daughter has moved most her belongings into the house and now she’s been told that the landlord daughter is moving in not my daughter .They had a verbal agreement and were supposed to finalize and sign contract next week.We have cleaned the house inside to get ready and was told it was ok to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

Unfortunately, since there is no signed contract, the verbal agreement is not enforceable. Try to work out something with the landlord to get a few more days time in exchange for the time and labor expended cleaning up the house.

2 Answers | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: I brought a burger from a restaurant and the wrapper smell like urine. What lawyer's will be best to handle my case
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

A personal injury attorney. If you did not become physically ill, require medical attention or psychological counseling, your recovery won't be a whole lot. A personal injury attorney can explain the details.

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2 Answers | Asked in Consumer Law and Collections for North Carolina on
Q: How can someone properly respond to a summons that is out of state?

My SO lives with me in North Carolina for almost two and a half years now. Her mother was served a summons & complaint at her home in New York regarding a debt collector attempting to get a judgement against her. A couple of questions:

1. Was she properly served?

2. The summons... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 12, 2021

You need to ask this question in a New York forum, because New York law applies to New Yourk lawsuits as far as what she needs to do to answer the lawsuit. Depending on the type of contract she signed, it may be completely legal for her to be sued in New York. There is not enough information here... Read more »

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2 Answers | Asked in Collections for North Carolina on
Q: I'm in NC. DO I have to sign a Confession of Judgment agreement with a bill collector? I have the debt & have agreed to

Pay $77/month until the debt is paid. I don't want to sign this court document.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 9, 2021

If you want to keep that particular settlement agreement and they require it, yes, you have to sign it to keep the settlement agreement. If you refuse, they will proceed with the court process and obtain a judgment against you. A Confession of Judgment is a better alternative than a Consent... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: Walmart is refusing to uphold their “Satisfaction Guarantee” on a box of coffee. How can I go about this?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 2, 2021

Complaint to corporate. Give negative ratings on the product and on the store. You can't sue them in small claims because they are not an NC corporation. Court costs alone for District Court are over $150.00. The money you lost is not worth filing a lawsuit over. Stop giving them your... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I brought a tanning bed from online.i only gave 2000 for it.my payments was 80 a month.i got the bed in 2018.i made the

Covid hit.i lost my job and ended up having surgery too and couldnt work.the last couple of months i been paying 25 a month on it but they have hit me with late fees and i only gave 2000 or so for bed.now i owe 6000 thousand for a tanning bed.if i cant pay on it anymore due to being layed off from... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 25, 2021

Ms. cameron is correct. I would just add that they can't garnish your wages with a North Carolina judgment. If you bought the bed in NC its likely if you were sued, they would sue you in NC. If you bought the bed in TN or VA, wage garnishment is allowed if they sue you there and get a judgment... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Our HOA received money from FEMA after a hurricane 3 years ago. HOA won't release how they allocated that money.

They mishandled the money, and many units are still unfinished. How can we get them to release those documents showing how they spent the money, which was supposed to go to the condo owners.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 13, 2021

You read your condo declarations and follow the procedures outlined therein to request inspection of the books and records. Follow them to the letter. Make written demand to the correct address and get proof of delivery, for example. If they do not comply, follow the procedures to put questions or... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

2 Answers | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Are the rent to own programs a scam or a rip off? We might half to go that way with our credit score.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Dec 31, 2020

I suggest you see a nonprofit housing counselor or nonprofit credit counseling agency before you sign any contracts for rent to own. They can explain what's involved, and advise you on how to improve your credit so that you can do a traditional home purchase. Rent to own is perfectly legal,... Read more »

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