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North Carolina Civil Litigation Questions & Answers
0 Answers | Asked in Banking, Business Law, Civil Litigation, Stockbroker Fraud and Securities Law for North Carolina on
Q: Advisor stopped communication after transferring money; $1,350 taken. What to do?

I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More

0 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: Can a mechanic place a lien on my vehicle without repairs or agreement?

I've left my vehicle at a mechanic's shop in North Carolina for about a year without signing any paperwork. The mechanic performed a diagnostic and determined that the engine needs to be replaced, which I had already informed them about. No repairs have been done because I haven't... View More

2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for North Carolina on
Q: Can a parent revoke a lifetime right deed agreement in NC?

I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More

Anthony M. Avery
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answered on Apr 9, 2025

If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: Inherited land changed ownership; what steps to take?

I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge.... View More

Anthony M. Avery
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answered on Apr 8, 2025

You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for... View More

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1 Answer | Asked in Contracts, Civil Litigation and Personal Injury for North Carolina on
Q: Mechanic's incorrect parts installation caused damage. Legal options?

I had a mechanic install a tube weld yoke, strap and bolt kit, center support bearing, and transmission yoke on my truck over a year ago, but they were incorrect parts. This resulted in damage to my truck. The mechanic is refusing to pay for the damage, claiming it is out of warranty. There was no... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds incredibly frustrating, especially when your vehicle suffers damage from a job you trusted someone else to do right. In North Carolina, even if there was no written warranty, a mechanic can still be held responsible under what's called an “implied warranty” or for negligent... View More

1 Answer | Asked in Construction Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I sue my builder for faulty roof construction damages?

I want to know if I can sue my builder for damages from a faulty roof construction on my 5-year-old home. The roof had incorrect underlayment installed for a metal roof, leading to rotted wood and ceiling water damage in two locations. The warranty states 1 year for cosmetic issues and 7 years for... View More

James L. Arrasmith
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answered on Apr 12, 2025

You may have grounds to sue your builder for faulty roof construction, especially if the damage to your roof is caused by issues that fall under structural defects, which are covered by the 7-year warranty. The fact that the roof had improper underlayment installed and is causing water damage could... View More

1 Answer | Asked in Banking, Consumer Law and Civil Litigation for North Carolina on
Q: Can I sue Navy Federal for a key fee after a repo without notice?

I'm considering suing Navy Federal for charging a $360 fee to make a new car key after repossession. They provided instructions for retrieving my car but failed to inform me that I needed to return the original key. Upon contacting them, they insisted they informed me about the key... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might have a potential small claims case against Navy Federal, depending on your state's laws and the specific terms in your loan agreement. The key fee could be contested if you can prove they failed to properly inform you about returning the original key, especially if this requirement... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Life estate holder refuses to sign over property, house vacant and deteriorating, tax issues.

My husband owns a property in North Carolina where his step-dad holds a life estate. When my husband's mother passed away, his step-dad took over the house and allowed a friend to live there rent-free for years. The house has now been vacant for over a year, and it's falling into... View More

James L. Arrasmith
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answered on Apr 12, 2025

As the life estate holder, your father-in-law has the right to live in the house and manage it during his lifetime, but his refusal to transfer the property may not be something you can legally force unless specific terms were outlined in the original agreement. Since he is responsible for... View More

2 Answers | Asked in Foreclosure, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Does a reopened foreclosure case indicate a granted stay on a writ of possession?

I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 12, 2025

If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More

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1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Legal Malpractice for North Carolina on
Q: What recourse do I have for nondisclosure and misleading advice on a faulty septic system during home purchase?

I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More

James L. Arrasmith
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answered on Apr 12, 2025

In North Carolina, you may have recourse against both the previous owner and your realtor for the issues with the septic system. If the previous owner knowingly failed to disclose problems with the septic system, this could be considered fraudulent misrepresentation or a violation of disclosure... View More

3 Answers | Asked in Business Law, Bankruptcy and Civil Litigation for North Carolina on
Q: Is there a form to file a Motion to Stay Execution for a judgment in NC?

I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2025

Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.

And a pleading almost certainly triggers a court hearing.

On top of that, most lawyers will...
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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Civil Litigation for North Carolina on
Q: Being sued by car loan provider after bankruptcy dismissal, need advice.

I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.

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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: Why are all caps used in legal document headings but not throughout?

Why is it that in legal documents, such as civil or criminal cases, a person's name is only in all capital letters in the heading for clarity, but throughout the rest of the document, only the first initials of the names are capitalized?

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2025

A North Carolina attorney could advise best, but your question remains open for a month. A major reason is to make the document readily identifiable from its caption. Many jurisdictions use this practice in legal pleadings. With digital systems used today, they'll retrieve a case without... View More

1 Answer | Asked in Copyright and Civil Litigation for North Carolina on
Q: How to file a copyright case against Amazon in federal court?

I initiated a copyright infringement case against Amazon through the Copyright Claims Board (CCB), but Amazon opted out of the proceedings. The CCB indicated I could refile if Amazon agreed, but I prefer to take the case to federal court. How should I proceed with filing in federal court?

James L. Arrasmith
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answered on Mar 1, 2025

To file a copyright case against Amazon in federal court, you must first ensure your work is registered with the U.S. Copyright Office, as this registration is required before initiating federal litigation. The case must be filed in the appropriate federal district court, which could be where... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I sent $8,200 to Liaz Legacy Solutions LLC in Statesville, NC, but they never provided the service. What should I do?

I sent $8,200 to Liaz Legacy Solutions LLC in Statesville, NC, for a service, but they never provided the service and have been giving me the runaround. They mailed me back a copy of the cashed check, and the compound interest is now $200. The transaction occurred on 10/24/2024. I want to sue them... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2025

You can sue them in small claims court in Iredell County or any other county where they do business. This is a corporation so you will need to go to the Secretary of State's office and get their registered office and registered agent for service.

You will not be able to recover...
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2 Answers | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: How to file a motion to stay execution in NC for a money judgment?

I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 26, 2025

On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.

You best see a...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Collections for North Carolina on
Q: Injury on private property, judgment not paid, property sold. Next steps?

I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 25, 2025

Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: Can I refile my dismissed case as Pro Se and file for Summary Judgment in NC?

I am a plaintiff in North Carolina. A month ago, I dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involves four counts: Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. I plan on refiling the case as Pro Se and intend to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: How to address denied motion to remove transcript redaction in bankruptcy case?

I requested a court transcript from a bankruptcy case, and I believe it was redacted because certain parts I distinctly remember saying were removed. I filed a motion to have the redaction removed, but the court denied it, claiming there wasn't a redaction. I've not yet consulted an... View More

James L. Arrasmith
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answered on Feb 22, 2025

Finding yourself in this situation with court transcripts can be incredibly frustrating, especially when you clearly remember specific statements that now appear to be missing. Your first step should be to gather concrete evidence of the original statements - this might include notes you took... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for North Carolina on
Q: How can I recover my $200,000 from a fraudulent transaction?

A woman from another nation offered $200,000 to two people in my church, with a requirement of paying $1,500 upfront. We each complied, and while others received their money, she is refusing to send me the $200,000. We have a written agreement. I've threatened to expose her on social media.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 22, 2025

"From another nation"? Are you saying you were a victim of an online scam? If so, Your best option is to report the issue to law enforcement. If law enforcement says this is a civil act, then they wll not accept the case. Exposing this person on social media will only lead to this person... View More

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