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North Carolina Civil Litigation Questions & Answers
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... Read 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... Read 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... Read 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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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... Read 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... Read more »

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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... Read 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... Read 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,... Read more »

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: can someone sell a leased item as their own and not let the lease owner know?

I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... Read more »

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Can I reopen a case that is closed

I have a document that was not presented in courts with the other documents

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. If you mean closed in the sense of a decision being rendered and the time period for appeal has passed, then it's possible the opportunity to re-open has passed. If the case had been withdrawn, it could... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... Read more »

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... Read more »

1 Answer | Asked in Civil Litigation for North Carolina on
Q: If my insurance company is charging me less than what they are supposed to, do i have to pay it all back later? thanks
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2022

A North Carolina attorney could advise best, but your question remains open for three weeks. If it isn't a legitimate reduction, such as loyal customer or safe driving record but rather an error, they could move to recoup it. Good luck

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Is it a must that I pay this finance company even if there are issues.
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. To avoid further delays, you should repost and add Civil Litigation and Collections, or reach out to attorneys in those categories to discuss options. Good luck

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.

Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would... Read more »

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer... Read more »

2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
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1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 25, 2022

If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... Read more »

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for North Carolina on
Q: I wanna know how I'll be able to go about sueing my insurance company, just questions about it
Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. You could reach out to civil litigation attorneys who handle insurance claims. Some more detail would be helpful as to the type of matter you have - auto, home, life, health, etc. Some attorneys specialize... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

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

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 3, 2022

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

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