Get free answers to your Civil Litigation legal questions from lawyers in your area.
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 
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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
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
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
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
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
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
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... View More
I want to start an RV park on land that I acquired upon the death of the holder of a life estate. The land currently has no structures on it. However, someone has recently destroyed about 2 acres of it without my permission. I have photographs documenting the damage and I know who is responsible.... View More
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
answered on Mar 7, 2025
Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.
I had a verbal agreement with my contractor to perform land clearing, excavation, grading a house site, and building a dirt driveway. The agreement was made just over two months ago, and I completed the job three weeks ago. I was paid $6,500 but still have not received the remaining $7,000. I... View More
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?
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?
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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
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
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... View More
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
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... View More
On February 22nd, I was attacked by a peer at my group home who kicked me repeatedly in the leg, causing the skin to come off. Recently, on another occasion, she scratched my chest. We have photos of my injuries, and I'm using ointment every day. She has only received room restriction as a... View More
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
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
I am the original owner of a car with a 100,000 mile/10-year powertrain warranty, which became active in 2016 and covers issues like excessive oil consumption. The car currently has 88,000 miles. Despite meticulously maintaining the vehicle, the dealership is refusing to honor the warranty, citing... View More
I am involved in a child custody case without legal representation. Recently, I noticed on the county website that a 'CANCELED Status Review' and a 'MOTION FOR DSS RECORDS ORDER DUE FROM 1/25/24' were noted. The DSS records were initially requested because the father made false... View More
In 2017, I accidentally left my wallet at a McDonald's in Kitty Hawk while on vacation. The wallet, containing $1500, gift cards, and my personal information, was stolen by the McDonald's manager, who has since been imprisoned. As a result, I've been dealing with significant identity... View More
I am a plaintiff in North Carolina and recently dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involved Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. Before dismissing, my attorney filed for Summary Judgment, but it... View More
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
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
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
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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
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