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Questions Answered by Lynn Ellen Coleman
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

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?

My sister bought a car at a buy here pay here lot in Waynesville, NC.

It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500.

Nevertheless, 8 days later a third... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 22, 2023

YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for... View More

1 Answer | Asked in Agricultural Law, Business Law and Gov & Administrative Law for North Carolina on
Q: Is there a size minimum of a business to apply for distillery license?

I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.

You can find information about the permitting process at...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: If my vehicle has been to a number of AAMCO franchises that haven't fixed it - should we pursue corporate or franchise?

Transmission in our converted short bus (essentially our home) was originally rebuilt in Meza, AZ in May 2022. 14 months later, the vehicle has been to 3 shops (Mesa, AZ; Fort Collins, CO; and Gastonia, NC) and rebuilt 3 times. The transmission hasn't been road ready/functional for more than 2... View More

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

Unfortunately, this is impossible to answer without reviewing the purchase and installation order for the original AAMCO transmission and the accompanying warranty plus the repair/work orders for each subsequent rebuild and accompanying warranty, if any. You need to take these documents to an... View More

2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

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

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

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1 Answer | Asked in Collections for North Carolina on
Q: I am not going to claim bankruptcy. I am trying to protect my property from a judgment creditor. I am filling out motion

To claim exempt property form to protecy myself from a writ of execution. My question is if my house is protected by tenancy by the entireties do I have specifically write it on this form or is it protected regardless? Thanks

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 23, 2023

You should fill in the information about your house and in the box below write "tenancy by the entireties". List yourself and your spouse as the owners of the property. It should be protected automatically, but list it out of an abundance of cuation. People don;t want to do this because... View More

1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: I have a vehicle, loan and contract through US AUTO sales. They closed. Filed bankruptcy. A debt collector.

Has taken over the contracts. warranties are now and never was valid. No Gap Insurance because US AUTO sales didn't pay for the warranties or Gap. What can I do? US AUTO sales Is In breach of contract In many ways. I was paying debt collector but not sure what to do. Can't get copies of... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 13, 2023

US Auto Sales has gone out of business, you cannot contact them any more. You need to keep making your car payment to preserve your credit. Send a letter in writing to the company who claims they took over the loan and request copies of all relevant documents as well as a copy of the loan payment... View More

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Is there a wildcard exemption outside of bankruptcy in NC? All of the Info I find involves claiming bankruptcy.

if someone's home is already protected by tenancy by the entirety, would that make them eligible to use the wildcard exemption because technically they did not use the homestead exemption? Thanks

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

Yes, the "wildcard" exemption is available if the residence is protected by "tenancy by the entireties". It can be layered on top of the car exemption, tools of the trade exemption, etc. to protect excess value in those items or it can be used to protect a second vehicle, for example.

1 Answer | Asked in Collections for North Carolina on
Q: I am now a judgement debtor in NC. I am trying to protect 2 cars outside of bankruptcy. Neither has alot of equity.

The first is worth 13k with a 10k loan, jointly owned. The second is worth 4k owned by me alone with no loan. I can't imagine either car being worth taking. Which car is in more danger of being taken, if any?

Also, my house is protected by TBE. Do I get a wild card exemption or is that... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 14, 2023

You do receive a wild card exemption. Be careful with your estimate of car values. Use "retail" value, not trade in. A creditor does have the ability to request the Sheriff take a jointly owned car or a car with a lien on it when enforcing a Writ of Execution, so it can happen. Whatever... View More

2 Answers | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Mother filed bankruptcy in 11/21/2014 she been making payments on house since then now I found out house under bankruptc

Any thing I can do

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

All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who... View More

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1 Answer | Asked in Collections for North Carolina on
Q: Husband got notice of right to have exemptions designated. House is in my name. Bought pre marriage. Can they seize it?

The amount owed is under 6,000. He had a arbitration hearing and was told they had 10 years to collect. This was last year.

Since my name is the only one on the house, should I add it on the paperwork as an exemtion?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 9, 2023

If your name is the only name on the DEED (not the mortgage), your husband does not list the house on his Motion To Claim Exempt Property because he does not own it. The judgment is NOT a lien on the house. If you pass away and he inherits the house, THEN the judgment will become a lien on the... View More

2 Answers | Asked in Collections for North Carolina on
Q: I was served a civil warrant from a credit card company. I can't make the court date. Will I goto jail if I don't go?

This credit card is from 6 years ago. I lost my job lost my husband and mom all at same time . I was in financial problems. I'm on disability now because of all the trauma.

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

If this lawsuit is in North Carolina, what you would be served is not called a warrant, it's called a summons and complaint. If the lawsuit was filed in Virginia this would be called a Warrant in Debt. Are you sure you posted your question in the correct state? If this is from six years ago,... View More

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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for North Carolina on
Q: Do I have to use the surplus funds check from my deceased dad's house to pay any debts?

He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 14, 2023

Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... View More

1 Answer | Asked in Consumer Law and Construction Law for North Carolina on
Q: My elderly mother had a walk-in shower installed. Work was non- ADA compliant, not code, and horrible quality.

Had to be torn out and replaced by another company.

First company is an LLC. No written contract. Estimate only. Checks were payable to the owner's name.

Can she sue the LLC in small claims court?

Should she sue the individual who is the LLC owner and to whom the checks were payable?

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

Is your mother willing to go to court personally and argue her case? Is the owner/representative of company number 2 willing to attend small claims court with her and testify against company no 1? Are your mother and the representative of company no. 2 willing to travel to the county where bad LLC... View More

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: What should I expect when I go to the county sherrif office for a writ of execution? I have no money to pay the judgmen

Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this time.im not concerned with interest because i am debating on claiming bankruptcy in the... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 20, 2023

The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ... View More

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: Hello, I am on the Board of an HOA in North Carolina. We have several owners who we cannot locate. What do you recommend

We have checked County tax rolls for addresses and do not know where else to look for a correct/current address, phone number or e-mail. What should we do and what options do we have if we are unable to contact them?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 14, 2023

Have you tried mailing a letter to them at the property address and if so, what does it say when the letter is returned? Traditional first class mail is the basic method for communications. The county tax office listing has the currently listed mailing address and you can look at the actual tax... View More

1 Answer | Asked in Collections for North Carolina on
Q: I later moved to North Carolina. Is my wife’s property safe from my debt

I have a judgment from nine years ago in Florida. I sold my property and left the country for five years. I moved to North Carolina with my new wife. she purchased a house under her LLC which I don’t own. We have a prenuptial agreement about separate debts and separate assets filed before the... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2023

A judgment for money owed against you personally should not be collectible against any assets in your wife's name only unless the creditor can prove that you are hiding your assets by placing them with her LLC or in her name. In order to do so, the creditor would have to undertake additional... View More

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