Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lynn Ellen Coleman
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 »

View More Answers

1 Answer | Asked in Civil Litigation, Real Estate Law and Consumer Law for North Carolina on
Q: Can i just be kicked out because im not on the lease?

I have been staying with my mother and her boyfriend for years now being they're older and dont drive. while not on the lease but the landlord has known have been recieving mail for years there also. So can the landlord just all of a sudden for no reason say im not allowed over there or is... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Dec 20, 2020

If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I received notice of judgment regarding old credit card debt. What do I do next? I didn’t get the original summons.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Dec 20, 2020

I assume this is a lawsuit to renew a previous judgment that was obtained a little less than 10 years ago? You need to contact an attorney in your area directly for assistance. It would be very helpful to that attorney if you retrieved a complete copy of the court file on the original Judgment... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: If a vehicle was bought and was supposed to have a lein on it but the title came in clear and with no lein recorded

Then the vehicle was sold and the loan company found out. What are the actions they can take civil, criminal? Can the owner be charged with a crime?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 23, 2020

The vehicle owner signed a contract with the loan company, so the owner still has to pay off the loan. If the loan is not paid, the loan company can bring a civil lawsuit to get a judgment for money owed. Criminal charges are a possibility but without more facts, this is difficult to assess. If the... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I have a judgement from Midland credit in Winston- Salem NC, for $5000 on a credit card I could not pay .

I have now a note left on my door saying I need to contact and arrange a Notice of Rights to Have Exemptions Designated given to me. I do not know if I can do anything at this point because I never showed up to court when I was served on this issue and they ruled in favor of midland credit, I went... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 6, 2020

We dont have wage garnishment in NC and if you file a Motion To Claim Exempt Property within 20 days after you accept that service of the Notice of Right, your assets will likely be protected. Contact a qualified attorney in your area (a consumer bankruptcy attorney is most likely to be able to... Read more »

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: My contractor is saying there is a law in NC for a 50% percent deposit for remodeling. Is this true?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 5, 2020

There is no such law requiring a minimum 50% deposit. You will find the following information about hiring a contractor: https://www.nclicensing.org/consumerAwareness.asp (copy and paste the link into your browser).

1 Answer | Asked in Collections for North Carolina on
Q: I sent a check by certified mail to a collection agency for payment on a debt. I tracked it and they received it on Oct

1st 2020 at 9:58am. They claim it is not showing up. What should I do?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Oct 8, 2020

Wait. If they attempt to collect on the debt again, explain the situation and ask them to send something in writing. Then, write back disputing you owe the debt and enclose your proof of delivery and hopefully a copy of the check you sent.

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Oct 2, 2020

You have to sue an out of state Defendant, including a corporation, in District Court. Small claims has no jurisdiction.

View More Answers

3 Answers | Asked in Bankruptcy for North Carolina on
Q: Filed Chapter 13 in Feb 2017. Dismissed in May 2017. Never went through the whole process. Can this be removed early?

Filed chapter 13 for my house. Another bank gave me a loan to pay what was behind on my house so I ended the bankruptcy without finishing the process or really starting it for that matter. Can I get this removed off my credit report? Filed in NC.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 29, 2020

No. The fact that you filed a Chapter 13 and it was dismissed is a public record. This is an accurate credit report and you cannot get that deleted. Fortunately, the fact you filed bankruptcy will have less effect upon your credit score as the years pass by, and your positive credit history will... Read more »

View More Answers

3 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Being sued on a failed car loan, I turned the car in. how can I go about this? my bills take most of my pay as it is

N/a

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 26, 2020

You should see a bankruptcy attorney for a personal consultation as soon as possible. I don;t know what kind of notice you received, but if it is from the Sheriff with a "writ of execution" this is extremely urgent and you should not delay the consultation. A qualified consumer... Read more »

View More Answers

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can paypal legally keep my deposit that was put in my wife’s account

My wife and I had our federal Tax return deposited into her paypal account. Since then they have put limitations on the account, while trying to life those limitations we discovered that in order to do direct the deposit The first name on the deposit is supposed to match that of the account holder... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 6, 2020

They can hold it, but once it is proven that she was authorized to accept it, they should release the funds.

1 Answer | Asked in Consumer Law for North Carolina on
Q: In the state of NC when trading a vehicle to a dealer, do I disclose engine or transmission replacement on damage dis?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 6, 2020

If your vehicle is 5 years old or newer and the damage was over 35% of the value you must disclose.

1 Answer | Asked in Small Claims and Collections for North Carolina on
Q: I obtained a loan for 1,000 in Dec 2019 and unfortunately defaulted. With added I retest and fees balances went to almot

6,000. They offered a settlement of around 1500. I was able to send in $550 but was unable to settle as soon as they wanted. I continued to stay in contact but they voided the settlement. I am in NC but the loan originator is out of state. My question is will they automatically garnish my wages or... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 28, 2020

More details are needed. Was this an internet "payday loan"? if so, they are unlikely to sue. If this was a local finance company or a bank, they might sue or they might not. We do not have wage garnishment in North Carolina. If this is an out of state lender they may sue you in that... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: If I pay the car note will I be able to get it back or do they sell it and I still have to pay anyway

This is just a nightmare am going to lose my job because of this I don’t understand if they couldn’t do the verbal agreement why so I could have try to figure something out rather then lose my job am a signal mom I really need my job I only complained because I was waiting with no response just... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 23, 2020

You might possibly be able to get them to give you the car back if you make all past due payments plus pay late charges - but they can legally refuse to agree to do that, and they can demand you pay off the loan in full - just because of missing one payment. You loan agreement most likely says any... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: My truck got repossessed after a verbal agreement about the payment because I made a complaint how can I get my truck

My complaint was about two safety recalls and having a dead registration and tags been waiting since April also they lied about the vehicle ever being in a accident before I purchase it I’ve been getting ignored but if I call from a different from they pick up but say I’ll call back but don’t... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 23, 2020

This is something that you need specific advice about including a review of all of the paperwork you signed. Verbal agreements are generally not enforceable, but you may have claims against the dealer. Contact an experienced auto fraud attorney for advice. Do not delay, you will not be able to get... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Can my home, vehicle, personal belongings and child support be taken to repay a judgement?

My previous landlord was granted a judgement against me for unpaid rent that was recorded in 2018 in Florida.

I was divorced a few months later and used my divorce settlement as a down payment on a 40 year old house in North Carolina. I have a mortgage than is just over a year old and I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 18, 2020

The judgment has to be recorded in North Carolina first. This is done by them filing a new lawsuit ehre in North Carolina seeking to have the Florida judgment recognized and having you served with the lawsuit. Once that is granted, your creditor has to send you a "Notice of Right To Claim... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Is it better to file a chapter 13 bankruptcy or try to pay off the accumulated debt? William
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 14, 2020

This is too individually dependent on the facts to be able to answer such a general question with certainty. One thing I can say is that if you settle, you may have to pay taxes on the amount of forgiven debt. Debt discharged in bankruptcy is not taxable. Chapter 13 bankruptcy also involves added... Read more »

View More Answers

1 Answer | Asked in Consumer Law for North Carolina on
Q: Do I have recourse against Bank of America for not modifying and then selling my second mortgage to a private investor?

After bankruptcy we applied to modify our 1st and 2nd mortgage with Bank of America (originally with Countrywide). We completed packages over and over again. Finally Fannie Mae took our first mortgage away from Bank of America, placed it with Seterus and modified. They also informed us that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

This is impossible to answer on an online forum because a review of documents is necessary. Go see an attorney ASAP. Your best bet is to consult a consumer bankruptcy attorney because an experienced one will know about second mortgages that have questionable enforceability. In addition, loans held... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.