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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Consumer Law for North Carolina on
Q: Should I send my bank records to a business regarding a refund or should they have to prove the transaction?

The business agrees that I should receive the refund but it has been 10 months and I haven't. Now they are demanding that I turn over my bank records to them. I feel like I shouldn't have to turn over all my banking activity to complete strangers.

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

It depends upon the nature of your dispute. More details are needed. If they want your bank records to prove that you paid for their goods or services, send the, that one month statement and redact (black out) the account number and all other transactions except for that one purchase.

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received the following voicemail. Then my wife received the same message from a different number. Then my ex-wife.

Hello this message is intended for (my name). My name is Adriana Martinez I'm calling out of the civil dispatch office to notify you legal documents are scheduled to be dispatched out to your location (my street address but no city or state. House is for sale and vacant) if you will be... View More

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

This is a scam. A scammer bought your information from the dark web. The Sheriff does not call before serving a summons and complaint, and it is not called the "civil dispatch office". Call the non emergency number of your Sheriff's department tomorrow to confirm this.

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: Can a company charge an inspection fee on a propane tank that I am renting. It’s their tank.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 24, 2023

It depends upon what your rental contract says. It's not possible for any attorney to answer this question without reviewing your contract. I'm sorry to be so vague. They may be entitled to inspect it periodically and charge a fee to make sure that nothing has been tampered with.

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...
View More

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 Consumer Law and Civil Litigation for North Carolina on
Q: Does the statue of limitations restart just because the credit company has filed a lawsuit?

Their initial civil lawsuit was submitted in 2021 but their request for default judgment against me was denied by the judge. They have requested an appeal to the denial of the judgment request and that is still pending even though the time barred started in 2023. Can the lawsuit get dismissed after... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 12, 2023

The filing date of the lawsuit controls the statute of limitation and it has been preserved while on appeal even though so many years has passed. Therefore, if the lawsuit was filed prior to the day the statute of limitation passed, it was filed on time, and it remains filed on time now. Good luck.

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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