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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

0 Answers | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: Can I sue the state for incarcerating me on an expired probation case when they had no jurisdiction to do so?

I was incarcerated on an expired probation case and spent 6 months in prison due to the negligence of the court. I was able to reach out to NC Prisoner Legal Services while in prison and their attorneys helped in having me immediately released. I lost everything behind the court's negligence... View More

0 Answers | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: My boyfriend and I share a lease. We are splitting up and I need to know my options.

I have paid for everything for the past 8 months (documented) but he says he won't leave or sign over the lease. I can afford the rent and he cannot. I don't want this to wreck my credit.

0 Answers | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: Hospital refuses to register my wife in my last name. Causing me imbarassment emotional stress.

Hospital been confronted in the matter but refuse to do so.

0 Answers | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: so i checked into econo lodge an i was injured due to them giving ny key to my ex boyfriend who was not an authorized

i was injured due to this incident so what do i do an how much am i entitled too because i also peed on myself when i was assualted an he went to jail. but the hotel is responsible it would have never happened if they woldnt have giving him a key to myy room

2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
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answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 24, 2023

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

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1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Does the statue of limitations restart just because the credit company has filed a lawsuit?

Their initial civil lawsuit was submitted in 2021 but their request for default judgment against me was denied by the judge. They have requested an appeal to the denial of the judgment request and that is still pending even though the time barred started in 2023. Can the lawsuit get dismissed after... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 12, 2023

The filing date of the lawsuit controls the statute of limitation and it has been preserved while on appeal even though so many years has passed. Therefore, if the lawsuit was filed prior to the day the statute of limitation passed, it was filed on time, and it remains filed on time now. Good luck.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Is there a secret to finding a lawyer that will at least take the time to talk to me about a controversial issue?

I have been trying to find a lawyer to help me sue government officials. After a lot of researching, I believe there is a good argument for waiving sovereign immunity and government approval to sue.

I cannot find a single lawyer that will be willing to help me or even talk to me. Are there... View More

N'kia (NLN)
N'kia (NLN)
answered on May 15, 2023

There is no secret. You could try searching phrases like:

"North Carolina government litigation attorney"

"Sue North Carolina government officials"

"North Carolina lawsuit against government officials"

"How to sue/Can I sue North...
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2 Answers | Asked in Animal / Dog Law and Civil Litigation for North Carolina on
Q: Can i sue someone's car insurance company if their dog jumps out of their car and attacks my dog in my yard?

Not only did it injure my dog, but I hurt my knee breaking up the attack. She has not paid the vet bill and is very hostile. I believe that is the only way I can get paid since she rents.

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Like most US states, North Carolina does not allow you to directly sue another person’s automobile insurance company.

You would have to sue the owner of the dog.

It is also unlikely that the owner’s automobile insurance covers an attack by their pet. That type of occurrence is...
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1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Can anyone refer me to an attorney to file a civil suit in wake county to get back 2 vehicles I consigned to a dealer.

DMV said I need a lawyer for "claim and delivery" for vehicles. DMV investigated and put a block on my 2 titles so he cannot sell them. In early March DMV officer K.F. Dalton told the dealer (who permanently lost his dealer license in Nov 2022) to return my vehicles but he ignored them... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

Claim and delivery is not an issue that comes up every day, like traffic tickets. So, most attorneys will go their entire career without ever handling one of these.

However, if you're specifically looking for an attorney who already has experience, you might try an online search for...
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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: I bought a car a the salesmen forged my name on several documents. What's can I do and is the contact void!

And can I recoup the money I paid in?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

You may have civil claims, criminal claims, or both. A civil judge may be able to declare the contract void. A criminal judge may not be able to declare the contract void but may be able to provide other types of relief, like ordering the defendant to pay restitution. However, the best options and... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.

For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession...
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1 Answer | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: We bought a car, the dealer registered it to wrong person, temp tag now expired. Dealer now won’t reply.

We bought the car on the first of the year. Financing is fine, insurance is fine. Dealership issued a 30 day tag, which expired on the 30th. We now cannot drive the car, because the dealership never sent us a permanent plate when we realized they’d registered it to me and a complete stranger, as... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 7, 2023

The North Carolina DMV DOES have an office that handles these kind of claims called the "License and Theft Bureau".

Go to this link (copy and paste into your browser)

https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx

Turn OFF the...
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1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... View More

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: can someone sell a leased item as their own and not let the lease owner know?

I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Can I reopen a case that is closed

I have a document that was not presented in courts with the other documents

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. If you mean closed in the sense of a decision being rendered and the time period for appeal has passed, then it's possible the opportunity to re-open has passed. If the case had been withdrawn, it could... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... View More

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... View More

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