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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: What are the laws regarding verbal loan agreements in North carolina?

If someone makes an agreement to pay monthly payments on a loan from someone else and then refuses to pay how is this legally binding if the agreement was oral?

Nicholas Arthur Matlach
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answered on May 7, 2024

It's true that oral loan agreements are harder to enforce than written ones. Here's why:

- Proof of Agreement: The main issue is proving that an agreement actually existed and what terms both parties agreed upon. It often becomes a "he said, she said" situation without...
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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for North Carolina on
Q: What can I do when my business partner refuses to provide financial statements and has substantially reduced dividend?

My mom died last year, and was 25% owner of a family shopping center. Since my mom's death, my Aunt Janet has substantially reduced the dividend she is paying me, she has claimed that my 25% is not enough for me to even have the right to see the banking records or financial statements now... View More

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

A North Carolina attorney who deals with business law and business organizations (Corp, LLC, etc) could advise best, but your question remains open for five weeks. A starting point could be to reach out to law firms to review your paperwork, your business partner's actions, and outline your... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: In a civil case am I required to file my evidence as discovery? Or do I just bring what I need without having to file
Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A North Carolina attorney should advise here, based on the forum you are in. As a general practice nationwide, both sides usually disclose their evidence prior to trial to avoid surprises. In small claims or some arbitration forums, the rules may be more lenient, where the parties might simply show... View More

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I file a motion for default judgement in a civil case in NC.

The clerk of court signed the Entry of Default in a civil case as the first step. Now I to get a hearing in front of the judgement to ask for the second step , which is default Judgement.

T. Augustus Claus
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answered on Jan 19, 2024

To file a motion for default judgment in a civil case in North Carolina, you need to follow specific procedures. After the clerk of court signs the Entry of Default, indicating that the defendant has failed to respond within the specified timeframe, you can proceed to the next step. Typically, you... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Virginia college has been sued and my address has changed how do I make sure I receive my payment

My address has changed since this lawsuit has been in the courts I have finally received papers on it how do I make sure that I received my payment and not someone else claiming to be me

T. Augustus Claus
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answered on Jan 10, 2024

To ensure that you receive any payments related to the lawsuit against a Virginia college, you should promptly update your address with the court handling the case. Notify the court clerk and provide them with your new address in writing. It's crucial to do this as soon as possible to avoid... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
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answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

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2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 24, 2023

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

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2 Answers | Asked in Animal / Dog Law and Civil Litigation for North Carolina on
Q: Can i sue someone's car insurance company if their dog jumps out of their car and attacks my dog in my yard?

Not only did it injure my dog, but I hurt my knee breaking up the attack. She has not paid the vet bill and is very hostile. I believe that is the only way I can get paid since she rents.

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Like most US states, North Carolina does not allow you to directly sue another person’s automobile insurance company.

You would have to sue the owner of the dog.

It is also unlikely that the owner’s automobile insurance covers an attack by their pet. That type of occurrence is...
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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: I bought a car a the salesmen forged my name on several documents. What's can I do and is the contact void!

And can I recoup the money I paid in?

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

You may have civil claims, criminal claims, or both. A civil judge may be able to declare the contract void. A criminal judge may not be able to declare the contract void but may be able to provide other types of relief, like ordering the defendant to pay restitution. However, the best options and... View More

1 Answer | Asked in Contracts and Civil Litigation for North Carolina on
Q: Can anyone refer me to an attorney to file a civil suit in wake county to get back 2 vehicles I consigned to a dealer.

DMV said I need a lawyer for "claim and delivery" for vehicles. DMV investigated and put a block on my 2 titles so he cannot sell them. In early March DMV officer K.F. Dalton told the dealer (who permanently lost his dealer license in Nov 2022) to return my vehicles but he ignored them... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

Claim and delivery is not an issue that comes up every day, like traffic tickets. So, most attorneys will go their entire career without ever handling one of these.

However, if you're specifically looking for an attorney who already has experience, you might try an online search for...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 15, 2023

Did he file bankruptcy before the breach of the lease or after? I agree with the other attorney that you should consult your own attorney privately for advice before your court datethe specifics need to be reviewed and we can't do that for you here (don't just ask a general question here... View More

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2 Answers | Asked in Bankruptcy, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Renter and him filing bankruptcy

I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

When a bankruptcy case is filed, it triggers an "automatic stay" against any action to collect a debt against the debtor or his property.

For those who know, or should know, or constructively know, of the bankruptcy filing, and persist with collection efforts, even for possession...
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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 Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... View More

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