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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 12, 2021

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »

1 Answer | Asked in Estate Planning and Civil Litigation for North Carolina on
Q: My stepdad died last year, he did not have a will. Can his two sons taker her to court and sue her?

He left her the money and the cars. One son took her to court already, can he do it again? Also, the middle son is threatening to taker her to court as well. What can she do?

Ben Corcoran
Ben Corcoran answered on Jun 2, 2021

Without seeing the bank account information and car titles I can't guess as to the ultimate outcome of the suits, but you can sue anyone for anything. I am guessing that the bank accounts were joint with right of survivorship accounts and if so then they pass outside of the estate, the car is... Read more »

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...
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1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Can I be evicted before June 30, 2021 under the CDC Care Act, after receiving a notice of non-renewal of lease in March?

Vacate date April 30, 2021.

Ben Corcoran
Ben Corcoran answered on Apr 19, 2021

depends on what they are trying to evict you for, the only evictions that cannot happen right now are for non-payment of rent or fees. If they are evicting you based on the theory that your lease term expired then yes you can be evicted.

2 Answers | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: I brought a burger from a restaurant and the wrapper smell like urine. What lawyer's will be best to handle my case
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

A personal injury attorney. If you did not become physically ill, require medical attention or psychological counseling, your recovery won't be a whole lot. A personal injury attorney can explain the details.

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2 Answers | Asked in Family Law and Civil Litigation for North Carolina on
Q: My 39 year old son finally moved out but he left all of his stuff behind. Can I legally discard all of his belongings?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 6, 2021

Yes, but there are some steps you will likely need to follow. You are likely in a bailment situation where you will be required to take reasonable care of his property for some period of time and to provide him with formal notice to make arrangements to pick it up. If so, typically 30 days is... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Probate and Estate Planning for North Carolina on
Q: What are the statue of limitations of a Will? What if sibling changed mothers Will and won’t share a copy?
Amanda Bowden Johnson
Amanda Bowden Johnson answered on Jan 30, 2021

You haven't provided much detail so we really can't provide you with a meaningful answer - especially in a limited forum like this however, a sibling can not change your mother's will - only your mother could do that. Your best bet is to consult with a local wills and estates... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Consumer Law for North Carolina on
Q: Can i just be kicked out because im not on the lease?

I have been staying with my mother and her boyfriend for years now being they're older and dont drive. while not on the lease but the landlord has known have been recieving mail for years there also. So can the landlord just all of a sudden for no reason say im not allowed over there or is... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Dec 20, 2020

If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I was promised in writing equity for part of my comp. I was fired for no reason due to owner and outside persons action

Essentially I was promised the same type of equity the owner had as part of my total compensation. This is in writing through emails and recorded conversations. The owner was looking at an outside person for advice on many situations, whereby this outsider told me to take action contrary to the... Read more »

Kirk Angel
Kirk Angel answered on Dec 6, 2020

It depends. The primary issue will be what does the written document say about the "equity" and the effect your termination has on it. You should consult with an employment attorney as soon as possible.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Juvenile Law for North Carolina on
Q: How to fight a 50 c on my child

I need to know how to fight a 50 c that was took out on lies

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 6, 2020

This is the functional equivalent of asking us to teach you how to rebuild your car's transmission if you aren't a mechanic. There is simply too much information to covey in a forum like this. Your best bet is to consult with a local attorney. That said, in essence a 50 (c) usually... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for North Carolina on
Q: Business partner locked me out of all company-related accounts. Both are 50% owners. What can I do? Details below.

My business partner got power-hungry and locked me out of my company email and quickbooks account as well as the bank account. She has contacted customers and told them to cease further communication with me. What can I do legally? I am 50% shareholder and a company officer.

State: NC... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A North Carolina attorney could advise best, but you await a response for two weeks. Your post could be a little bit difficult to respond to. Unlike many of the basic general legal questions that are posted here, your matter appears complex in nature. To give you any kind of meaningful guidance, an... Read more »

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do i find out what my inheritance is if I am not in charge of the estate?
Tim Akpinar
Tim Akpinar answered on Sep 30, 2020

A North Carolina attorney could advise best, but your question remains open for three weeks. There's no guarantee all questions are picked up, but if you reposted in the Probate and Estate Planning categories, your question might have better chances of getting picked up. Your question is... Read more »

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 Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 13, 2020

Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Which court has jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 13, 2020

Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.

A judge isn't going to care about...
Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can I use someone else's warrants for arrest as evidence?

My son's father alleges that I am "on probation for felony conviction" and that is true. However, that is misleading (in my opinion) because he was actually charged with the same crime and arrested with me - just I was convicted and he was not (I was on probation so I was in a bad... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 8, 2020

Essentially want you are saying is you want his arrest to be a problem for him when it is convenient or beneficial for you - this is likely not gonna fly with the Court. Another way to think of it is, regardless of what you believe to be true, do you really want to present evidence in court that... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
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1 Answer | Asked in Civil Litigation for North Carolina on
Q: So, a train horn is illegal or is a decibel limit available?
Tim Akpinar
Tim Akpinar answered on Jul 19, 2020

A North Carolina attorney could advise best, but your question remains open for a week. It can depend on the region, as different cities or towns can have different ordinances. Further, there could be conditions in DMV inspections in some states. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

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