Lawyers, Answer Questions  & Get Points Log In
North Carolina Civil Rights Questions & Answers
0 Answers | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: How do I sue cps in Bertie county NC on contingency

They violated my family's rights and others lack of due process and violations under color of law social worker and director has been fired and state took over right to fair trail was violated it goes deep their lawyers judge all when all with it all it's ongoing state investigation and... Read more »

0 Answers | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: What can I do if no one is impartial during my custody case and I think my case should be seen by a supervising judge?

I'm a non-custodial out-of-state parent in a 7 year-long custody case. Ex & I share a child, he filed for custody in his state alleging a bad home environment and drug use. Prior to that, I was seen by CPS in both states, and drug tested prior to court, with no issues. I went to court on... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: Can I sue vivint for soliciting? I have a sign on my front door
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 14, 2022

How were you damaged by the solicitation? Were you only inconvenienced, or did you suffer severe mental or physical pain and anguish? Unless you were severely affected, it isn't worth suing. You can't sue an out of state company in small claims court, you would have to sue in District... Read more »

0 Answers | Asked in Child Support, Civil Rights, Libel & Slander and Small Claims for North Carolina on
Q: I was Terminated from job 4 No call no show. I was detained in jail 4 FTA of CS arrears But was released bc mistake mad.

I was stopped by county police on a traffic stop, I getting ready to go when office came up to me and said get out of the car I said why. He said there's a warrant for ur arrest. I said for what hr Child Support I tried to explain that it's a mistake. I was taking to jail. Booked in and... Read more »

1 Answer | Asked in Estate Planning and Civil Rights for North Carolina on
Q: My grandfather wanted me to have his truck when he past away. And now my grandmother will not give it to me.

He called me to his house about two months before he past away. My grandmother was in the same room in heard the conversation. He wrote out a letter in everything explaining where the truck goes to. So when he past away she put the title in her name, and will not let me have it knowing where her... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the title was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

If your grandfather had left it to you in...
Read more »

2 Answers | Asked in Car Accidents, Civil Rights and Personal Injury for North Carolina on
Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

In answer to your question, yes. I don't think his excuse is valid however law enforcement is not require to have each driver involved in a MVA given a breathlyzer test. Now, if you think the law enforcement really breached his duties, then you can assert a complaint with his supervisor or... Read more »

View More Answers

Q: Husband picked up from store. do evaluation a year ago. He was found to not be harmful to himself or others. Supposed to

Have been sent back to sending district but instead sent somewhere else for another evaluation. His due process rights are being violated. He’s had covid and treated unfairly. beaten Been sent all over the place this last year. It’s been pure hell for him. We are married and have been together... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the North Carolina Civil Liberties Union. Ask for the names of their "cooperating attorneys" on civil commitement issues. They give free consultations.

https://intake.acluofnc.org/

1 Answer | Asked in Civil Rights for North Carolina on
Q: If I am a widow,do I have to changed my married name before I remarry?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 1, 2021

You never have to change your name if you don't want to. I would actually advise against it. I have seen how much paperwork you have to go through, and unless you really want to change your name, I wouldn't do it.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for North Carolina on
Q: Do I have the right to NOT answer the ? if I have had the covid vaccine to my employer?

I agreed to still wear a mask but was told if I don’t answer the assessment questions then I cannot work.

Can they discriminate against me for that?

Kirk Angel
Kirk Angel
answered on May 22, 2021

You do not have to answer. However, the employer can terminate you for not answering.

1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar
answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
Read more »

1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

2 Answers | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb
answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Sales agent denied me a viewing of a house in a new subdivision but allow another woman a viewing, is this legal?

I visited a new subdivision & fell in love with a floor plan. The sales rep. was unengaged during my visit & any feedback I got concerning the community I had to ask for it. I went back a week later to view the home again and the same rep, told me I could not view it because it had sold. I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 13, 2020

It sounds like you have grounds for a complaint against the sales agency under the Federal and North Carolina's Fair Housing Act. You can do one of two things. File a complaint against the sales agency, or sue. I do not recommend suing on this kind of case without an attorney. A good place to... Read more »

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for North Carolina on
Q: My little sister has ran away from her foster home. CPS has been at my house multiple times looking for her.

Dss will not stop coming to my house looking for my little sister. I willing let them in to look the first time after that I would not let them back in. They then took papers out on me for "contribute to del of a minor" what should I do ? No proof of anything just hearsay. Also can they... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on May 22, 2020

My experience with DSS workers is not good. They often seem to gleefully abuse their power based on the flimsiest of evidence or even just their own bias and prejudice. Typically speaking you should never cooperate with DSS. As to what you should do now, you could likely benefit from a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.