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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... View More

1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Does the Lemon law protect used vehicles purchased under Warranty?

7/15/ 21Purchased 2018 Yukon denali XL from a GM dealership for $67,573 & 34,921 miles

6/08 Vehicle started shaking while idle. I received a low oil alert on my phone. Checked oil & it was 75% full.

6/13 Took vehicle to mechanic to have the idle issue looked into. While... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

The Lemon Law only applies to new vehicles. However, you may have claims against the dealer or manufacturer because of the warranty issues. The Magnuson-Moss Act may apply. If you also purchased a service contract, additional claims may apply. You need to take all of the purchase and warranty... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I make Walmart pay for the repairs to my car?

On 07/06/22 my check engine light came on on the way to work. After work I went AutoZone to get the code read it said it was an evap leak I then went to Walmart for an oil change after the oil change my cars oil pressure was low they told me it was because they didn’t reset the oil change... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 28, 2022

You can try, but it is very unlikely Walmart will agree to pay the cost soon enough to get your car repaired - even if they agree. You will have to pay for the repairs yourself and then seek reimburement from them. The reason is because it is not crystal clear that WalMart is responsible. Your... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: How far are towing companies allowed to have your car towed and impounded from the destination it was towed from?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 17, 2022

It varies by city and county in North Carolina. Some cities and counties prohibit towing further than 15-25 miles.

1 Answer | Asked in Consumer Law for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?

Lynn Ellen Coleman has already answered this question for me. Thank you, Lynn. My question now is what are the non bankuptcy options with this?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 21, 2022

Unfortunately, it is impossible to answer this question in a public forum like this because a detailed analysis of your financial situation - income, expenses, assets, and debts - will be required. You do not want to expose that kind of personal information on a public forum. I can say in very... View More

1 Answer | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 20, 2022

This will have a negative effect on your credit. You can try to voluntarily surrender the car. OneMain is NOT required to take the car in satisfaction of the loan. They can refuse to come pick up the car or take the car. They also don't have to release the lien on the title if they refuse to... View More

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: Can I remove a debt collection charge if I can provide proof that I am not responsible for the debt?

I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 15, 2022

You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.

Assuming that the landlord reports a debt of $35 plus late fee...
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1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: Can I sue vivint for soliciting? I have a sign on my front door
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 14, 2022

How were you damaged by the solicitation? Were you only inconvenienced, or did you suffer severe mental or physical pain and anguish? Unless you were severely affected, it isn't worth suing. You can't sue an out of state company in small claims court, you would have to sue in District... View More

1 Answer | Asked in Foreclosure for North Carolina on
Q: Is there a statute of limitations on a lender to send a default notice after you defaulted on at Loan in North Carolina.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 29, 2022

There is a statute of limitation, but the more difficult question to answer is generally when does default occur. The statute of limitation in general for a contract "under seal" is ten years, and for a contract not under seal is 3 years. Some loan agreements leave it completely up to the... View More

1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: What can I do if my home was foreclosed and sold while my HAF application was pending? Can it be sold before the notice?

From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 21, 2022

There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... View More

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 16, 2022

You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: I’m trying to refinance my car loan and the person that co-signed for me will not sign the release form
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 27, 2022

Unfortunately, you cannot compel your co-borrower to cooperate with refinancing the car. I assume their name is also on the title. This means they own half of the car, and are equally liable for the loan payments. You also cannot compel them to sign any paperwork to sell the car if they do not want... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I'm being sued by a debt coll There is one account# on the complaint and An alternate account # was used as evidence.

The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain... View More

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... View More

2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... View More

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for North Carolina on
Q: My dad passed away and was paying a mortgage, his brother lived there. Does the house go to us or the brother?

original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2022

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... View More

2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... View More

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1 Answer | Asked in Collections for North Carolina on
Q: I executed a new deed adding wife a year ago in NC. Can an unsecured creditor of my wife attach a lien or sever the TBE?

The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 30, 2022

If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: Do I have grounds to sue a vehicle dealership for failing to deliver a valid title to the DMV?

Hi! I am having an issue with a vehicle dealership in VA not sending the NCDMV a corrected title. The original title sent at purchase omitted the VIN number. NCDMV sent them a letter in March 2021 requesting a corrected one and they still have not. I have called and emailed them with no response. I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 26, 2022

You need to consult a qualified consumer law attorney in Virginia about this. If the vehicle were purchased in North Carolina it would be subject to NC DMV fraud and licensing bureau for car dealers. I suggest filing a complaint with the Virginia equivalent of North Carolina DMV theft or car dealer... View More

1 Answer | Asked in Foreclosure for North Carolina on
Q: My Husband and I owner financed a house and the new owner is behind 5months in his payments. Can we take the house bac

what do we need to do to forclose?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 10, 2022

Unfortunately, this question is impossible to answer without reviewing your contract for sale and owner finance. You may be able to do a "non judicial" foreclosure, which means a Special Proceeding is filed with the Clerk of Court. Or, you may have to file a "judicial"... View More

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