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1 Answer | Asked in Intellectual Property for North Carolina on
Q: Hi, is a co signer able to withhold the car from you the co borrower even if both names are on the car title?

My mother co signed a car with me. I have been the primary driver of the car including primary payer of the car. Both our names are on the car title. But she has threatened to sell the car and has been withholding the car from me. I currently do not know where the car is, I have tried to be civil... View More

James L. Arrasmith
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answered on Sep 8, 2024

If both you and your mother are listed on the car title, you both have legal ownership of the vehicle. This means that neither you nor your mother can sell or withhold the car from the other without consent. Since you are the primary driver and payer, you have a strong argument for possession, but... View More

3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

Felicia Altman
Felicia Altman
answered on Sep 8, 2024

If a trademark is expired or abandoned on the USPTO then it no longer is protected under trademark rules and regulations. The next steps would be to file an application for those marks with the USPTO. It is best to work with a trademark attorney or company to assist you with procuring rights to the... View More

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1 Answer | Asked in Banking, Civil Litigation, Civil Rights and Education Law for North Carolina on
Q: Is a parent considered a plaintiff in minor's civil complaint?

My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in... View More

James L. Arrasmith
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answered on Sep 7, 2024

In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: So hypothetically since our justice system is an obvious joke. If I get arrested and brought before a judge in court

Do I have to pretend everyone is treated equal under the law? Or can I ask for that special trump treatment, who if they were anyone else would have been held in contempt 10 times over and thrown in jail and would have been sentenced months ago instead of having it put off. Just curious just how... View More

James L. Arrasmith
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answered on Sep 8, 2024

If you find yourself in court, you don't have to pretend that everyone is treated equally under the law, because it's clear that many people perceive disparities in how justice is applied. You can absolutely voice your concerns about fairness, but it’s important to do so in a way that... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My questions is, was this a legal search?

A police officer saw a vehicle they believed to be a rental car, with a male driver "leaning behind the "B" post and his hood pulled tightly around his head". Officer followed the car. A second officer joined. First officer stated they were unable to observe a violation and so... View More

James L. Arrasmith
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answered on Sep 7, 2024

When assessing whether a search was legal, it's crucial to consider the Fourth Amendment, which protects against unreasonable searches and seizures. In this scenario, the initial welfare check might be justified if the officer genuinely believed the occupants needed assistance due to their... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: My x and I have a 35' camper 5th wheel. I own 2/3. It sits on her property in North Carolina while I am in Florida.

I want to get possession since I own 2/3

James L. Arrasmith
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answered on Sep 8, 2024

To regain possession of your 5th wheel camper, you'll need to consider both your ownership rights and the legalities involved in retrieving it from North Carolina. Since you own 2/3 of the camper, you have a substantial stake in it. However, because it is on your ex's property, retrieving... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: What form do I need in order to do a Quitclaim deed to transfer my house into my Trust, for which I am the trustee?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

Property can be deeded using a number of types of deeds, which convey different types of interest and or carry different types of warranties. Many deeds on file are incorrect as it is not the Recorder of Deed's job to review recorded records. My recommendation is you contact an attorney to be... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do I need a Real Estate Lawyer to change my deceased grandfathers property to my name? I am his only living relative.

He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More

Anthony M. Avery
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answered on Sep 4, 2024

You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More

1 Answer | Asked in Banking, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Can an attorney issue 26 subpoenas to random financial institutions?

I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this situation. It's important to take action to protect your rights.

First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This...
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1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Intellectual Property for North Carolina on
Q: Employee took pic(lots) and proceeded to apply filters (didn't know) I want data wiped the company isn't cooperating.

I asked for initial photo and the employee took 41 found out the next day when I demanded they send them. Did not request or consent to photo being uploaded to site for filters or lots of pictures to be taken. The company states they deleted the photos but data still exists of course. And violating... View More

James L. Arrasmith
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answered on Sep 5, 2024

It's frustrating to feel that your privacy has been violated, especially when you didn’t consent to photos being taken or manipulated. The situation you described involves both privacy and potential data protection concerns, particularly if the company or employee used your images without... View More

2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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1 Answer | Asked in Tax Law, Civil Litigation, Identity Theft and International Law for North Carolina on
Q: someone other than me is filing returns in my name. The adrress coming back in the portal is coming back to mafia

I had a business hacked and emails. My data was going to my wifes phone and people around me gave me a fight for my accounts. I recovered my accounts and started learning tech. I was in bad shape with my wife and sisterinlaw. Sometimes when we were doing what we shouldent be doing they were calling... View More

James L. Arrasmith
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answered on Aug 29, 2024

You're dealing with a very complex and distressing situation. It's important to protect yourself and secure your personal information as quickly as possible. Start by contacting legal and financial authorities to report the identity theft and the fraudulent activities involving your... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: The church copyright exemption for music public performance includes Sunday school?

I'm a Sunday Bible school teacher for children at my church, and I sing songs with them during our class. Is that legal?

If I start playing the guitar with these songs, would it still be legal? Everything is done in our church kid's classroom

James L. Arrasmith
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answered on Aug 30, 2024

Yes, you can legally sing songs with the children in your Sunday school class under the church copyright exemption. The exemption generally covers performances of music as part of a religious service, and Sunday school can be considered part of the church's educational and religious... View More

2 Answers | Asked in Copyright for North Carolina on
Q: Can I print Bible verses from a modern Bible translation to make bookmarks and give to the church members for free?
Alan Harrison
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answered on Aug 29, 2024

You certainly can. Whether you would be likely to get sued is a different question, and whether you would be likely to lose such a lawsuit for copyright infringement is a third question.

Question 2: if you're just making bookmarks for fellow churchgoers, it's unlikely the Bible...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: Does a small nonprofit community run cemetery have to be incorporated? How would I find that information in writing?

A new committee member is trying to get us to incorporate. Most do not think this is necessary and we have never been told we needed to do so or what all that would entail. This person is trying to use scare tactics to force us into something that we do not think we are required to do. So we... View More

James L. Arrasmith
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answered on Aug 31, 2024

In North Carolina, there is no strict requirement that a small nonprofit community-run cemetery must be incorporated. Incorporation can provide certain legal protections and formalities, but it is not mandatory for every nonprofit. The decision to incorporate should be based on an understanding of... View More

1 Answer | Asked in Consumer Law, Contracts, Collections and Internet Law for North Carolina on
Q: online order, Mail Carrier lost, 4 months, 30 recorded calls, 20+emails, told them to cancel, getting billed & late fees

I ordered something that should have been delivered May 10th that "Mail" lost. Never left GA warehouse, I'm in NC. Never left "Mail" hands. Conns was denied claim by "Mail" because they did it wrong, I can't claim b/c I'm not the 'entitled... View More

James L. Arrasmith
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answered on Aug 31, 2024

You need to take immediate steps to protect yourself. Start by sending a formal, written demand letter to the retailer's corporate office in Texas, clearly stating the issue, your demands, and a deadline for resolution. Reference your prior communications, including the dates and outcomes of... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My neighbor has a fence 15 ft inside the property line on my side. can i ask him to move the fence?

He has made a drain field (capital improvement (?)) in the area that would be on my property if the fence was moved. The fence has been in the wrong place for 15 years (at least).

Anthony M. Avery
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answered on Aug 30, 2024

Unfortunately you have probably acquiesced to the ascertainable boundary line. You can sue for ejectment, boundary dispute, trespass, etc., but the defendant may prevail. You will need a surveyor as your witness.

1 Answer | Asked in Employment Law for North Carolina on
Q: Salary expert 35k no admin work, no employees. does not receive overtime. Works building displays

What are the requirements for not receiveing overtime.

Kirton M. Madison
Kirton M. Madison
answered on Sep 20, 2024

A position must meet certain requirements to qualify as exempt from overtime. A salary test is the first requirement. Currently, a job must pay a minimum salary of at least $43,888 per year to qualify for an exemption from overtime. This amount will increase to $58,656 on January 1, 2025.... View More

3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
M. Bryan King
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answered on Aug 29, 2024

Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

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