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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: I have a consumer law question trying to figure out what the law is for purchasing a vehicle and it not being any good

Even if it didn't have a warranty. My daughter purchased a car well a truck for 13,000. They drove it one day. The transmission went out three weeks later. They got it back. They drove it one day and the differential is about to fall out. I'm trying to figure out if there is a law in... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Almost all new vehicles in the United States are sold with a warranty. The terms and conditions of the warranty govern your daughter’s rights and the manufacturer’s obligations. Most such warranties require the manufacturer to make necessary repairs within a reasonable time. Many states have... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Is it legal for Lowes (or their delivery agent) to charge me a $3300 storage fee without prior notice or authorization?

Dear Attorney,

I bought kitchen cabinets in March, which the manufacturer shipped to Lowes' delivery agent around May 1. They were intended to be installed in June, but due to ongoing construction delays we have had to reschedule the delivery date several times, most recently to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2023

The paperwork you signed probably says that you must pick up the cabinets upon notice of delivery or something to that effect. There is no law saying that they cannot charge a storage fee or that they have to disclose it to you beforehand. You should seek out alternative locations to store them if... View More

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?

My sister bought a car at a buy here pay here lot in Waynesville, NC.

It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500.

Nevertheless, 8 days later a third... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 22, 2023

YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for... View More

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: How many times can a credit card company call you in a day for a past-due payment?
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answered on Aug 18, 2023

Under the Fair Debt Collection Practices Act (FDCPA) in North Carolina and the U.S., credit card companies are generally prohibited from engaging in harassing or excessive communication with consumers. While there's no specific limit on the number of times they can call in a day, they must... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: If my vehicle has been to a number of AAMCO franchises that haven't fixed it - should we pursue corporate or franchise?

Transmission in our converted short bus (essentially our home) was originally rebuilt in Meza, AZ in May 2022. 14 months later, the vehicle has been to 3 shops (Mesa, AZ; Fort Collins, CO; and Gastonia, NC) and rebuilt 3 times. The transmission hasn't been road ready/functional for more than 2... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 25, 2023

Unfortunately, this is impossible to answer without reviewing the purchase and installation order for the original AAMCO transmission and the accompanying warranty plus the repair/work orders for each subsequent rebuild and accompanying warranty, if any. You need to take these documents to an... View More

1 Answer | Asked in Contracts and Consumer Law for North Carolina on
Q: I have a vehicle, loan and contract through US AUTO sales. They closed. Filed bankruptcy. A debt collector.

Has taken over the contracts. warranties are now and never was valid. No Gap Insurance because US AUTO sales didn't pay for the warranties or Gap. What can I do? US AUTO sales Is In breach of contract In many ways. I was paying debt collector but not sure what to do. Can't get copies of... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 13, 2023

US Auto Sales has gone out of business, you cannot contact them any more. You need to keep making your car payment to preserve your credit. Send a letter in writing to the company who claims they took over the loan and request copies of all relevant documents as well as a copy of the loan payment... View More

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 Consumer Law, Contracts and Real Estate Law for North Carolina on
Q: What type of lawyer is needed to fight Living in unhealthy unhabitable living conditions with disabled son

I don't live in public housing and it's continued for 3yrs and 2 violations

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

A North Carolina attorney could advise best, but your question remains open for a week. It would be a landlord-tenant attorney. There is a section here for that area of practice. Although not every question here is ultimately picked up, you could repost and add L-T as a category. Good luck

2 Answers | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More

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1 Answer | Asked in Consumer Law and Construction Law for North Carolina on
Q: My elderly mother had a walk-in shower installed. Work was non- ADA compliant, not code, and horrible quality.

Had to be torn out and replaced by another company.

First company is an LLC. No written contract. Estimate only. Checks were payable to the owner's name.

Can she sue the LLC in small claims court?

Should she sue the individual who is the LLC owner and to whom the checks were payable?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 4, 2023

Is your mother willing to go to court personally and argue her case? Is the owner/representative of company number 2 willing to attend small claims court with her and testify against company no 1? Are your mother and the representative of company no. 2 willing to travel to the county where bad LLC... View More

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Do I have any legal grounds for a shipping company losing my brand new truck?

I custom ordered a vehicle was I was working in Massachusetts. The vehicle build took five months but it arrived at the dealership and I financed it. Friday I paid Safemile Auto transport to deliver the vehicle from the dealership to my driveway. The receipt says pick up on Friday, delivery by end... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

If you haven't already, you should file a claim with any and all insurance/warranty companies involved.

The shipping company will probably argue that their subcontractor is liable, instead of them. But that's not necessarily so.

The contract might say that you'd have...
View More

1 Answer | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I have a large Federal Judgment that was placed against me in July of 2011. I have been making payments on this

judgment. I have a smaller judgment that was placed against me by an individual creditor in September of 2011. This judgment was renewed in 2021 on its 10 year anniversary. This creditor has not attempted any collections until now. I received a Notice of Right to Have Exemptions Designated.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 13, 2023

The Federal judgment does not "supersede". You need to resond to the Notice of Right and claim your exemptions on time. The State court judgment creditor can have the Sheriff take any non exempt assets with a writ of execution. The two judgments are independent of the other. There are... View More

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 Consumer Law for North Carolina on
Q: There's a longer story, but my basic question is how long can a trash service leave their trash can in my yard?

I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 30, 2023

I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: my ssn and credit and also trading my vehicle. They are still asking for a cash down payment. How should I cite TILA?

By law am I required to still put a cash down payment?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 14, 2022

A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.

TILA does not mean they cannot require a cash down payment. TILA...
View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Trade It, a local pawn shop, sold me a gaming laptop that overheats in TJUNCTION. I returned it next day but now…

But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 13, 2022

This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... View More

Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 29, 2022

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Name of the Motion to substitute one exempt vehicle for a used vehicle purchased due to change in circumstances?

Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... View More

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 6, 2022

I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... View More

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