Get free answers to your legal questions from lawyers in your area.
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
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
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
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
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
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
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.
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?
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
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
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
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... View More
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
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
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
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
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
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
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
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
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
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
The vehicle is jointly owned with rights of survivorship.
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
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
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
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.
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
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.
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
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
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
what do we need to do to forclose?
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
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.