Get free answers to your Civil Litigation legal questions from lawyers in your area.
decided not valid threat after interviewing all parties, however our kid sees a therapist regularly for anxiety issues and this is greatly affecting him in both social and academic ways along with flare ups of anxiety over the threat (whether it was real or not, just because kid said he's... View More
answered on Mar 22, 2018
From your description - I'd say its already resolved. If you are considering suing or think expulsion is appropriate - odds are you aren't really trying to resolve things peaceably. These days law enforcement and school administrators take these kinds of things likely too seriously so... View More
We had been celebrating at our parent company overseas, but I went to bed. They continued. I was awaken by loud knocking on my hotel room door. They entered when I opened the door to see what the ruckus was. They stayed, emptied my honor bar and would not leave for 10-20 minutes. I was only... View More
answered on Feb 12, 2018
I do not see an legal claim based on these facts alone. However, if there is a possible legal claim, you may have waived your right to relief if the severance agreement contained a "release of claims."
answered on Feb 12, 2018
Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.
My mother is dead, with no last will and my brother is incapacitated
answered on Feb 8, 2018
I don't believe this is something that can be done in a will. While your father can certainly indicate his wish that you be the guardian, I believe you will still have to go to court to be formally appointed as a guardian. You should check with a local family law attorney to be on the safe side.
Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd,... View More
answered on Feb 1, 2018
If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.
She was caught merchandise returned undamaged and noone contacted us. We werent made aware until legal letters came stating we were being held civilly liable for her actions. If I wasnt aware and she wasnt with us and we didnt even get a call about it how are we responsible? She asked if they were... View More
answered on Jan 4, 2018
1) In NC, 17 year olds accused of crimes are currently still charged and treated as adults, so there is no requirement for anyone to contact you if your 17 year old daughter is charged with a crime. This does not fall into Juvenile Law, as in NC, your daughter for the purposes of criminal law, is... View More
I live in North Carolina. It was just me and my son there.
answered on Dec 29, 2017
Diaper bags do not record anything but if you are referring to a recording device placed or concealed in the diaper bag - then obviously, yes.. But it is likely the real question you want to ask isn't whether you can be recorded by a device in a diaper bag but rather whether such a recording... View More
There are 2 names on the title, a mother and daughter. They are in a dispute and the mother is refusing to cooperate and give me the title to the car I paid for. I have receipts and the daughter is willing to cooperate but her mother says she lost the title and is refusing to apply for a new one. I... View More
The corporation is in NC and the individual is in MO who filed the claim. The corporation received a summons to appear in court in MO. Shouldn't the case be filed in NC?
answered on Nov 13, 2017
Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should... View More
Injuring another driver.
answered on Oct 31, 2017
Depends on the injuries. It is an aggravating factor but the injuries are what they are.Bigger issue may be their insurance rates if they knew driver wasn't licensed.
I have not moved out yet and it does not go to collections until December 3rd. Will it show up before then if I apply for an apartment?
Company repossessed my car last night on the 13 found out from sheriff's office can they do that or is that a breach of contract
answered on Oct 16, 2017
If you are not in default of the contract, the vehicle cannot be repossessed. There may be other terms of the contract that can cause a breach other than missing payments. Things like the failure to insure the car probably cause a breach of the contract, but it will depend on the terms of the... View More
Daughter. We have done nothing; in fact, paid for down pmt on house, honeymoon, flew her and husband home at our cost for all holidays. Apparently, because we wanted to attend the "gender reveal party" (we live on Easy coast) she got angry, stopped speaking to all of us, involved her... View More
answered on Sep 29, 2017
This is a family issue not a legal one. You have no legal option to force your will on your daughter. If she wants to be a jerk there isn't anything you can do about it, at least not from a legal standpoint.
I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More
Im in North Carolina. I was served with a collections lawsuit. The opposing asked the court for a court date on July 27,2017 and I was aware of the date that he asked for. However I was never given notice from the county courts office that this date was in fact THE court date. Now I have a judgment... View More
answered on Sep 18, 2017
It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default... View More
one banjo builder in Pittsboro took money from 3 indivuals totaling over $4000 for custom banjo orders, never delivered cut off all communication - can we file a joint suit against the builder - all plaintiffs are out of state
answered on Sep 11, 2017
Since your suit likely involves the same transaction, events, and facts, you are permitted to join all of you as plaintiffs in the action.
My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... View More
answered on Sep 4, 2017
North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover... View More
answered on Aug 30, 2017
You may want to hire an estate attorney to investigate this. There are a lot of reasons you didn't receive anything such as: she had a will you are not aware of; she was married and everything went to spouse; she had nothing; someone ran off with the entirety of the estate and screwed you... View More
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answered on Aug 30, 2017
Hard to answer without seeing the documentation, but if your grandmother left a will which didn't leave you property just because your father died first doesn't mean you would be legally entitled to anything. If you have questions about how this worked out, you need to contact a local... View More
answered on Aug 24, 2017
In short, a writ of execution lasts for three months. If that time frame has expired, the notice of rights must be reserved. Please consult an attorney if there are any questions or ambiguities about dates, service, or other issues.
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