Get free answers to your Civil Litigation legal questions from lawyers in your area.
Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?
answered on May 6, 2019
Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.
Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3... View More 
answered on Apr 30, 2019
It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... View More
My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have... View More
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answered on Apr 24, 2019
You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... View More
I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... View More
answered on Apr 23, 2019
This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.
I never filed charges on him prior to his incarceration.
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answered on Apr 17, 2019
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff... View More
How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?
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answered on Mar 3, 2019
You think you get to just roll thru another state and violate their laws? Really? Why limit it to your window tint? Why don't you go as fast as you want as well? I mean, how can they enforce speed limit laws against you being from out of state and all - you ought to be able to drive thru... View More
I have been out of work since May 2016 trying to get my SS disability only my husband works we live from paycheck to paycheck my health insurance is killing us.
answered on Oct 25, 2018
You won’t be able to get the repossessed car back without paying for it. The exemptions do not apply to a purchase money lender such as the car seller.
Lien placed on home.
20 days and property exempt form submitted.
Will sheriff give notice and how soon can sale take place in N.C.?
answered on Oct 11, 2018
The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object... View More
Ten years ago she had me arrested on trumped up charges. While I was in jail from 11/13/2007 to 1/8/2008 she took everything I owned and my kids and left the state of NC. Once she got settled in Illinois, she signed an affidavit of dismissal from the DA and I was relaeased. I filed for custody in... View More
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answered on Oct 11, 2018
I am really hoping that the real reason it appears you have done virtually nothing to see your children in ten years is that you simply did not have the financial resources to do so. If that is the case, there is certainly no shame in that (assuming you have also done whatever else you can to say... View More
answered on Sep 1, 2018
Find where the association was formed and who the service agent is and sue them just like any other entity.
I wanted to ask if it’s possible for someone to sue you for sleeping with their husband if you didn’t know? I didn’t know this guy was married and his wife messaged me on Facebook threatening to fight me and sue me. I read that it’s possible in North Carolina and I’m kinda scared. I’m only 19
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answered on Jul 31, 2018
At 19 you likely possess nothing worth suing for and should likely be more afraid of the threat to 'fight you' than the threat of being sued.
answered on Jul 23, 2018
As odd as it may sound, it's likely a bill from the State (or Feds) for the "tax value" of the drugs.
I'm not defending the law, I'm just explaining it. I've never quite understood how they can tax an illegal substance. I guess the same logic applies to... View More
answered on Jul 5, 2018
The statute of limitations on a personal injury claim is 3 ys in NC.
answered on Jun 26, 2018
I am afraid this question is too vague for any lawyer to be able to give it a meaningful response. Generally, agreements that are entered into based upon a fraud may be voided by the defrauded party. Also, generally speaking, a "settlement" between two parties is unlikely to abridge the... View More
we owned this vehicle for several years then gave it to my niece and she had it for about 6 months before the accident. Somehow control of the vehicle was lost and flipped over down into a ditch and exploded into flames. My niece's body was burned so bad they had to take dental records to... View More
answered on May 14, 2018
First, sorry for your loss. That’s such a terrible tragedy.
Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.
As such, BEST thing to do is contact an attorney immediately.
Agai,... View More
In exchange for a base salary and no raise for 20 years my spouse and his parents had an agreement that he would one day own our home. My spouse had been the only resident since it was built until we got married approx 8 yrs ago and now we reside together. His parents refuse to sign over the deed... View More
answered on Apr 30, 2018
Generally, under North Carolina's "Statute of Frauds", agreements to transfer real property have to be in writing and signed; however, there are sometimes exceptions to the Statute of Frauds. For example, when someone relies on a promise to their detriment, they might be able to... View More
If you have a loan contract signed by both parties.. can you puruse your repayment in court after the person you loaned the money to filed bankruptcy?
answered on Apr 24, 2018
Once a person files bankruptcy, there is automatic stay on all actions against the debtor. Your debt is more than likely covered by the bankruptcy, but an attorney would need to review your documents and the bankruptcy filings for confirmation of the status.
Whole family was harassed until I felt I had no choice but to move. Then he sold house. Now I hear of a drug habit and dealing conviction.He benefited from me not getting home as promised. There were also apts involved that we're going to be left to me. I was the manager. Was accused of... View More
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answered on Apr 23, 2018
I have no idea what 'estoofe' is. I suspect you mean estoppel but that's about as relevant in the situation you describe as 'estoofe' is. Bottom line you are just going to have to bite the bullet and consult with a local attorney who can review your circumstances in more... View More
Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... View More
answered on Apr 23, 2018
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
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