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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
My credit score debt to ratio and mortgage loans
answered on Mar 4, 2022
The first thing you need to do is send a dispute letter to each credit bureau enclosing your proof that the loan is paid in full. Access your credit reports at www.annualcreditreport.com those credit reports will have the address to send your dispute to. Send the letter certified mail so you can... View More
County is Mecklenburg,NC. Attorney representing Discover Bank for the amount of ~$2400. I have not paid on this for over 2 yrs due to financial hardship but debt is legitimate. Originally when I received communication from court, I filed an answer, but ever since then, I have received periodical... View More
answered on Mar 3, 2022
Thee is no wage garnishment for a judgment of this type in North Carolina. You have to file an Affidavit stating contested facts in order to keep from losing a Motion For Summary Judgment. It sounds like you can't honestly contest any of the facts. It won't do you any good to appear at... View More
Im honestly confused do i go to the court house to fill out a form i cant find anything online?
answered on Feb 27, 2022
There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is... View More
We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... View More
answered on Feb 15, 2022
I agree with Mr. Corcoran. It certainly would not hurt you to have a personal consultation with an attorney about your overall financial situation and obtain advice on defending the collection lawsuit. If you try and handle the lawsuit yourself, you may miss out on some legal defenses because you... View More
answered on Feb 6, 2022
Why do you not want to answer the interrogatories? There is no motion to avoid answering interrogatories at all. Interrogatories are a legitimate discovery tool. The proper procedure is to answer the interrogatories, but state your objections to the specific questions that you feel are irrelevant,... View More
I was sued for collection on an account I defaulted on. I answered the complaint and filed a motion to dismiss and compel arbitration. The plaintiff filed for a hearing today at 9:30. I got the schedule and my case was scheduled at 10:30. When I arrived at the courtroom my hearing had already been... View More
answered on Jan 31, 2022
You can refile the same motion. Talk to the Clerk's office before filing it to see if you have to pay the Motion hearing fee again. If you have to pay another fee to request a hearing on the new motion, I suggest calling it an "Amended" Motion just to keep things straight. Good luck.
answered on Jan 19, 2022
Please delete this question and post mre details. What law are you talking about and what facts are you asking about? You have not given us anything to base an answer on.
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