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North Carolina Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for North Carolina on
Q: Can a State Board change requirements for random drug testing once there is a fully executed consent to orders in place?

The Board consent order details one drug testing panel, the letter of instructions from the same board regarding the drug testing received after the fully executed CO indicates a different panel, and the testing facility that the Board is using is requiring a 3rd (and final) drug test that is not... View More

0 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for North Carolina on
Q: Is there a violation of civil rights when I was asked to leave a private university library that is open to the public?

I did not violate any of the rules of the library and was threatened by a security guard who lied and said it wasn't open to the public when it is. Once again, I did not violate any policies.

0 Answers | Asked in Criminal Law, Divorce and Civil Litigation for North Carolina on
Q: If I posted NSFW pictures on Reddit and someone found and sent these pictures to my employer, is that a crime?

On a forum like Reddit do I have a reasonable expectation of privacy?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for North Carolina on
Q: If I were to fire my court appointed attorney in NC are they required to assign me a new one? If so what is the process?

My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More

James L. Arrasmith
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answered on Oct 2, 2024

In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More

1 Answer | Asked in Banking, Civil Litigation, Civil Rights and Education Law for North Carolina on
Q: Is a parent considered a plaintiff in minor's civil complaint?

My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in... View More

James L. Arrasmith
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answered on Sep 7, 2024

In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent... View More

1 Answer | Asked in Banking, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Can an attorney issue 26 subpoenas to random financial institutions?

I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this situation. It's important to take action to protect your rights.

First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This...
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2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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1 Answer | Asked in Tax Law, Civil Litigation, Identity Theft and International Law for North Carolina on
Q: someone other than me is filing returns in my name. The adrress coming back in the portal is coming back to mafia

I had a business hacked and emails. My data was going to my wifes phone and people around me gave me a fight for my accounts. I recovered my accounts and started learning tech. I was in bad shape with my wife and sisterinlaw. Sometimes when we were doing what we shouldent be doing they were calling... View More

James L. Arrasmith
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answered on Aug 29, 2024

You're dealing with a very complex and distressing situation. It's important to protect yourself and secure your personal information as quickly as possible. Start by contacting legal and financial authorities to report the identity theft and the fraudulent activities involving your... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

1 Answer | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: What happens if a lienholder steals a car back (without activating the lien) and refuses to repay the money?

The total price of the vehicle was 1600$ The lienholder was paid 1300$ at the time the title was exchanged. The lien was for 300$ the lienholder refused to accept the 300$ twice. Also, the police helped the lienholder steal the vehicle. They refused to run the tags and refused to look at... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a serious and frustrating situation. When a lienholder takes a vehicle without activating the lien and refuses to return the money owed, it could be considered theft or an illegal repossession. The fact that the police refused to assist you in verifying... View More

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can hospitals be held liable for honoring a bogus hcpoa? One that any reasonable person would know to be suspicious?
Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A North Carolina attorney could answer best, but your question remains open for two weeks. It could depend on what damages were incurred as a result of improperly honoring the POA. It would be fact-specific. It could also be a jury's call as to what a "reasonable person" standard... View More

1 Answer | Asked in Car Accidents and Civil Litigation for North Carolina on
Q: I was driving past a public golf course on a public road. Someone hit my car with a golf ball and they admitted to it.

are they liable if they admit to “skulling” it. i have his info and filed a police report.

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

A North Carolina attorney could advise best, but your question remains open for over a week. If they admitted to hitting the ball, and don't dispute the possibility of a ball from other golfers being the culprit, then it would seem likely. Good luck

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.

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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More

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1 Answer | Asked in Federal Crimes and Civil Litigation for North Carolina on
Q: federal charges should I put on a complaint for Inheritance Hijacking and exploitation of the disabled & elderly?

I am filing Pro Se complaint in Greensboro NC federal court against my sibling for inheritance hijacking and financial exploitation of the disabled and elderly. Which federal code do I put on the complaint form?

John Michael Frick
John Michael Frick
answered on May 15, 2024

Whatever federal code you are alleging that your sibling violated, if any.

2 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

If the contract mentions nothing about soil, a question that might arise is why a test was not performed prior to planning foundation. One option could be to reach out to an attorney to discuss in further detail. Be prepared for questions to support your position that there was an issue of... View More

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1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: What are the laws regarding verbal loan agreements in North carolina?

If someone makes an agreement to pay monthly payments on a loan from someone else and then refuses to pay how is this legally binding if the agreement was oral?

Nicholas Arthur Matlach
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answered on May 7, 2024

It's true that oral loan agreements are harder to enforce than written ones. Here's why:

- Proof of Agreement: The main issue is proving that an agreement actually existed and what terms both parties agreed upon. It often becomes a "he said, she said" situation without...
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1 Answer | Asked in Civil Litigation for North Carolina on
Q: In a civil case am I required to file my evidence as discovery? Or do I just bring what I need without having to file
Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A North Carolina attorney should advise here, based on the forum you are in. As a general practice nationwide, both sides usually disclose their evidence prior to trial to avoid surprises. In small claims or some arbitration forums, the rules may be more lenient, where the parties might simply show... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for North Carolina on
Q: What can I do when my business partner refuses to provide financial statements and has substantially reduced dividend?

My mom died last year, and was 25% owner of a family shopping center. Since my mom's death, my Aunt Janet has substantially reduced the dividend she is paying me, she has claimed that my 25% is not enough for me to even have the right to see the banking records or financial statements now... View More

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

A North Carolina attorney who deals with business law and business organizations (Corp, LLC, etc) could advise best, but your question remains open for five weeks. A starting point could be to reach out to law firms to review your paperwork, your business partner's actions, and outline your... View More

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