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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Libel & Slander, Civil Litigation and Personal Injury for North Carolina on
Q: How can I sue for defamation and emotional distress in NC?

I was unjustly banned from my church following false accusations of sexual coercion and assault led by a biased pastor and my ex-girlfriend's family in North Carolina. Despite knowing I was undergoing intensive medical treatment for mental health issues, they treated me as guilty without... View More

James L. Arrasmith
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answered on Nov 7, 2025

To pursue a civil lawsuit for defamation and intentional infliction of emotional distress in North Carolina, you should start by clearly documenting all evidence of the false accusations and how they were communicated. This includes texts, emails, audio recordings, and witness statements that show... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Health Care Law for North Carolina on
Q: Can I sue for being left in a closed doctor's office?

I was at an oncology office that's part of a hospital, and I was placed in an exam room at 4:25 PM. The office accidentally closed at 5:45 PM while I was still inside. When I realized something was wrong, I found the office completely dark and empty, and since my phone was in the car, I... View More

James L. Arrasmith
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answered on Nov 6, 2025

What you describe is distressing, and North Carolina law gives you potential claims in negligence/premises liability and negligent infliction of emotional distress for being inadvertently locked inside a medical office. False imprisonment requires intentional confinement, so an accidental closing... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Carolina on
Q: Is my landlord's deduction of cleaning fees from my security deposit legal in NC?

I vacated a rental property in North Carolina on August 15th, 2025, and received a notice about deductions from my security deposit on October 22nd, 2025. There was no communication from my landlord regarding the deductions until I reached out on October 17th. The lease agreement states that... View More

James L. Arrasmith
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answered on Nov 5, 2025

You are correct that under North Carolina law, your landlord must return your security deposit or provide an itemized list of deductions within 30 days of you vacating the property. If the landlord cannot finalize all costs within that timeframe, they are still required to send an interim notice... View More

3 Answers | Asked in Criminal Law, Juvenile Law and Civil Litigation for North Carolina on
Q: How can I address charges of assault and false allegations while facing pressure to accept a plea deal?

I was charged with assault with a deadly weapon and simple assault, both misdemeanors. Two weeks later, the juvenile who pressed the charges withdrew his statement, but the DA is still pursuing maximum punishment. The incident occurred when the juvenile assaulted me first, and I defended myself.... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 5, 2025

You mentioned that your case arose from you defending yourself. Self- defense cases can be especially tricky and hard to prove (and this is one of those rare defense situations where you as the defendant have to prove something to succeed).

If your experienced attorney (the attorney who...
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1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: How can I enforce an NC judgment for alimony/child support against my ex in VA?

I have a North Carolina judgment for alimony and post-separation support against my estranged partner, who moved to Virginia. He has been found in contempt in NC for not making any payments. I know his work and residence but not his bank information. I filed an order to appear, show cause, and... View More

James L. Arrasmith
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answered on Nov 3, 2025

You begin by converting your North Carolina orders into enforceable Virginia orders. Obtain certified copies of the NC judgment, arrears ledger, and contempt orders, then register the child‑support order in Virginia under UIFSA through Virginia DCSE or by filing to register in a Virginia court.... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: Can a Restraining Order Hearing decision be overturned on appeal due to judge discretion issues and active appeal status?

In a Restraining Order Hearing in North Carolina, the judge prevented the plaintiff from introducing evidence of a malicious and harmful act by the defendant, citing Collateral Estoppel because the issue had been dismissed in Small Claims Court. Despite a filed appeal for the Small Claims Court... View More

James L. Arrasmith
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answered on Nov 3, 2025

Yes, you have a viable appellate issue. In North Carolina, once you timely appeal a magistrate’s small‑claims judgment to district court for trial de novo, that judgment lacks the finality required for collateral estoppel, so the court erred by excluding your evidence on that basis. Appellate... View More

1 Answer | Asked in Construction Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Is a mechanic's lien valid if the address is incorrect in NC?

I'm dealing with a mechanic's lien filed against me in North Carolina that lists an incorrect address. I was advised of this lien in mid-August 2025, and I have six months to respond. I do not agree with the lien and am trying to get my attorney to address this issue. No action has been... View More

James L. Arrasmith
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answered on Nov 2, 2025

In North Carolina, a mechanic’s lien must contain accurate and specific information, including the correct property address, to be valid. If the lien lists the wrong address or fails to properly identify the property where the work was performed, that error could make the lien defective or... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for North Carolina on
Q: Can a co-owner make improvements without consent in NC?

In North Carolina, I co-own a property with two other people where we have inherited it in unequal shares. One of the owners has installed a new roof and heat pump on the property without any prior discussion or agreement with the rest of us. Do they have the legal right to make such improvements... View More

James L. Arrasmith
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answered on Nov 2, 2025

In North Carolina, when multiple people co-own property, each co-owner has the right to use and maintain the property but not to make major improvements without the consent of the others. Installing a new roof or heat pump is generally considered a substantial improvement, not just routine... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Can I force a house sale due to co-owner's neglect?

I co-own a house in North Carolina with my son; it was left to us jointly by my mother in her will, and both our names are on the deed. My son lives in the house but is neglecting it, which is causing damage and potentially devaluing the property. We have no agreements about managing or selling the... View More

James L. Arrasmith
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answered on Nov 1, 2025

You can end the stalemate by filing a partition action in the county where the property sits. In North Carolina, a court orders a sale rather than a physical split if you prove that dividing the property would cause “substantial injury,” which often fits a single‑family home that cannot be... View More

2 Answers | Asked in Family Law, Civil Litigation and Contracts for North Carolina on
Q: Can I get my phone back at 18 if parents took it away?

Can I legally get my phone back when I turn 18 if my parents took it away when I was 16? I purchased the phone with my own money, and there was no written or verbal agreement about ownership or conditions for returning it. They took the phone because of something I was doing with it at that time.

Christopher Adkins
Christopher Adkins
answered on Oct 28, 2025

Yes, once you turn 18, you’re legally an adult in North Carolina and have full control over your own property.

If you bought the phone yourself and can prove it like showing a receipt, payment record, or phone account in your name. Then the phone legally belongs to you. After you turn 18,...
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2 Answers | Asked in Civil Litigation, Employment Law and Personal Injury for North Carolina on
Q: Could I be sued for breaking a door handle during package delivery?

I work for an Amazon delivery service partner as a delivery driver. During a delivery at an apartment complex, I attempted to open the front door of the leasing office, and part of the door handle broke off. The leasing agent claims I pulled too hard and wants someone to pay for the damages. The... View More

Christopher Adkins
Christopher Adkins
answered on Oct 28, 2025

Since you were working for an Amazon delivery partner at the time, any damage that happened on the job is normally covered by your employer, not you. That’s part of what’s called “respondeat superior,” meaning your employer is responsible for accidents that happen while you’re doing your... View More

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1 Answer | Asked in Medical Malpractice, Criminal Law, Civil Litigation and Personal Injury for North Carolina on
Q: How can I get legal representation for medical malpractice by Dr. Heider in North Carolina?

I believe I am a victim of medical malpractice by Dr. Heider in North Carolina. He left medical objects inside me during a procedure, did not follow proper screening or protocol, which resulted in me falling sick and eventually becoming septic. I have medical records documenting the emergency... View More

James L. Arrasmith
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answered on Oct 26, 2025

Begin now by preserving every piece of evidence and moving within North Carolina’s strict filing deadlines. Obtain complete records and imaging from every provider, keep the removed items and any photos in sealed custody, and write a dated timeline of symptoms, procedures, and communications.... View More

2 Answers | Asked in Car Accidents, Civil Litigation, Real Estate Law and Personal Injury for North Carolina on
Q: How do I reclaim a car stolen 22 years ago in NC?

I had a car stolen 22 years ago in Forsyth County, NC. Recently, someone contacted me claiming they have the car and want me to meet at the DMV to sign the title over, which was in the car when it was taken. I have since applied for and received a new title, and I've paid all related taxes and... View More

Christopher Adkins
Christopher Adkins
answered on Oct 28, 2025

Since you have a valid North Carolina title in your name, that makes you the legal owner. The person who has the car doesn’t have the right to keep it unless they can show a legitimate transfer, which seems unlikely.

Start by contacting the Forsyth County Sheriff’s Office or...
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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: How can I legally re-establish contact with my child despite being alienated by the father and stepmother?

I have a custody order in North Carolina granting me full custody of my child. However, my child was moved to South Carolina by his father and stepmother, and I have been completely alienated from him since he was 13 years old; he is now 15. I am blocked from all communication avenues, including... View More

Christopher Adkins
Christopher Adkins
answered on Oct 28, 2025

You still have legal rights since you have full custody under a North Carolina court order. The father and stepmother cannot legally take your child out of state or block your contact without the court’s approval.

Your first step is to enforce your custody order. File a motion for...
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Q: How can I ensure my evidence is considered and my child is returned after removal without due process?

I am currently facing a painful situation where my child was removed from my care without proper due process, investigation, or evidence. Despite having evidence of my innocence, including video footage, witness statements, medical history, doctor's statements, lease agreements, school... View More

Christopher Adkins
Christopher Adkins
answered on Oct 21, 2025

First, you can file a motion in court asking for a hearing to present your evidence. This would allow a judge to review things like your video footage, witness statements, and records. If the court documents have your information wrong, you should also ask the court to correct your name and any... View More

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2 Answers | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for North Carolina on
Q: How can I resolve a dispute over a poorly installed roof for $27,000 and recover repair costs?

I am seeking legal advice regarding an issue with a roofing company in Buncombe County, NC. I hired them to install a new roof for $27,000, but the job was poorly done. I have a contract with them, and I've requested that they fix the issues. The company's assistant acknowledged that it... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

In North Carolina, since the roof cost is $27,000, you’ll need to handle this through civil court rather than small claims (which only covers up to $10,000). Because you have a contract and written proof that the company admitted the roof needed fixing, you may have a strong case for breach of... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation, Construction Law and Consumer Law for North Carolina on
Q: Legal steps for property flipped without permits in NC historic district?

I purchased a property that I later discovered was flipped without any required permits. The property, located in a historic district, has multiple structural issues, including water seeping through windows, a roof leak, and termite damage with removed structural beams. The broker and her husband,... View More

Christopher Adkins
Christopher Adkins
answered on Oct 20, 2025

You may have several legal options. In North Carolina, sellers and brokers must disclose known material defects and follow permit laws, especially in a historic district. If they falsely claimed permits were pulled or hid serious damage, you could have claims for fraud, misrepresentation, or breach... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Carolina on
Q: What legal recourse do I have if my landlord wants to evict me after 20 years of renting without making repairs, which I have paid for?

I've been renting a house from my landlord for approximately 20 years under a verbal agreement. Throughout this time, I've made and paid for all necessary repairs, totaling over $10,000, and I have kept receipts for these repairs. The landlord has not contributed to these repairs at all.... View More

Christopher Adkins
Christopher Adkins
answered on Oct 16, 2025

If you’ve rented the same home for 20 years under a verbal lease and made repairs totaling over $10,000 without reimbursement, you may have several possible claims and defenses if the landlord is now trying to evict you.

Implied lease and tenancy rights:

Even without a written...
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2 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for North Carolina on
Q: Issues with used 2018 GMC Acadia and dealer warranty claims in NC

I purchased a used 2018 GMC Acadia in January 2025 with a Hendrick Certified Limited Warranty. Soon after, I encountered multiple issues, including a cracked windshield, a malfunctioning touchscreen, and a failing air conditioning system. By August, the transmission failed entirely, costing... View More

Christopher Adkins
Christopher Adkins
answered on Oct 16, 2025

You may have several legal options here. Even with an “as-is” sale, North Carolina law prevents a dealer from avoiding responsibility if there was misrepresentation, concealment, or deceptive trade practices when selling the vehicle. The case you mentioned—Sain v. Adams Auto Group—supports... View More

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2 Answers | Asked in Car Accidents, Civil Litigation, Real Estate Law and Personal Injury for North Carolina on
Q: Can city be liable for accident due to poor signage in Raleigh, NC?

I was involved in a traffic accident in downtown Raleigh, NC, and was found at fault. While I was stopped at a red light intending to go straight, the sun was in my eyes, making it difficult to see the left turn sign. Additionally, the road ground signs were badly degraded and not clearly legible.... View More

Christopher Adkins
Christopher Adkins
answered on Oct 16, 2025

In North Carolina, it’s very difficult to hold a city or municipality liable for an accident caused by allegedly poor signage or faded road markings, but there are a few important points to understand.

Governmental immunity:

Cities are generally protected by governmental immunity...
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