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North Carolina Civil Litigation Questions & Answers
3 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a “answer to counterclaim” form online to print?

I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!

Melissa Averett
Melissa Averett answered on Feb 29, 2020

It's called a reply and there is no form. Like the answer,you need to admit or deny each paragraph of the counterclaim..much like the answer you have received. Or hire an attorney.

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1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for North Carolina on
Q: My neighbor dug two deep culverts on his property against my fence to drain water onto my property.

In 2016, he did something similar and admitted digging a trench because his yard was too wet. What can I do? My yard is a mess and I am becoming ill over this level of harassment. I need the offending party to cease the assault on my property and pay for tree and lawn repair. What category of law... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 25, 2020

You may have grounds to file a nuisance lawsuit against him. Feel free to call me at (919)348-9211 if you'd like to discuss the case further.

Evan Lohr

Attorney

evan@lohrnc.com

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can I sue my oxygen company for their treatment of me which caused me to suffer health problems?

I have emphysema and my oxygen supplier company decided to switch me to another company and they worked with the other company and did not notify me of the switch until all was settled and then they notified me that the new company would come out the day they notified me and switch me from liquid... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

This could turn into a complex lawsuit, both for the relationships between the multiple parties and for the technical attributes of the equipment. You say you want to discuss it with a lawyer in Henderson or Durham. This isn't really a lawyer referral service here; it's only a Q & A Board. You... Read more »

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Adam Bull
Adam Bull answered on Jan 20, 2020

There are no standard forms. Each case 8s different and therefore different information may be needed. An experienced family law attorney can formulate the necessary discovery.

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1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Looking for the precedent case where a defendant was charged unlawfully for services that simply weren't rendered.

Internet trying to charge full month bill when I only had service 4 days. No written contract.

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

You'll find cases like that in a search, but before investing time doing so, it might be worthwhile to review the terms of the service agreement. It's possible that could be more applicable than general legal decisions. Good luck

Tim Akpinar

1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for North Carolina on
Q: Does North Carolina have a law about opening and closing vehicle doors?

I have seen states like Rhode Island, South Carolina, Washington with a law about opening motor vehicle doors.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 11, 2019

If you open a car door into a traffic lane and it gets hit it is your fault as you have the duty to make sure it is safe to open you car door.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I get help in terminating an adult guardianship?
Charles Evan Lohr
Charles Evan Lohr answered on Nov 7, 2019

You can file a petition in the special proceedings division of the clerk of superior court who has jurisdiction of the case.

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for North Carolina on
Q: My question is regarding an insurance policy in which my company denied a payable claim due to policy wording issue.

I have provided all info needed, surgical notes, etc. and they still refuse to pay. I have filed my appeal and am close to going public with this ordeal. This is for a cancer policy. In addition, I have recorded conversations with this company where false information and excuses have been given... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A North Carolina attorney could advise best on this, but your question remains open for two weeks. Dealing with the matter privately or publicly is up to you. Check the wording in the application for the appeal, particularly in terms of whether the determination of the appeal panel is binding.... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Traffic Tickets for North Carolina on
Q: Is there a law about tacking on late fees for a speeding offense
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 22, 2019

Of course. You don't think you get to blow off a ticket without bad things happening - do you?

2 Answers | Asked in Civil Litigation for North Carolina on
Q: Can you file criminal charges on someone falsely accuse you of drug dependence ?
Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

Ordinarily, such an accusation would be considered a civil wrong. If verbal, it is slander. If it is in writing, it is libel. You could consult with an attorney who handles defamation cases, but keep in mind that such civil tort cases are not necessarily handled on a contingency basis the way... Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation and Lemon Law for North Carolina on
Q: A dealer wiped the error codes from a car we were looking to buy, claiming it was perfectly functioning.

He also claimed it wasn’t in a collision . A pre purchase inspection found it was falling apart, many codes hidden, and there was evidence of it having been in a collision. Is this legal in NC?

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2019

No, it violates federal and likely state laws. If someone bought it they need to contact the consumer division of the AG's office.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed

I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.

Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find...
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1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I have a writ of execution filed by the court against me in florida. I now live and homesteaded in North Carolina.

Both my wife and I are on the deed. No writ is against her. Is our home safe from florida writ? We have 2 vehicles with no lein, both our names on titles. Can they be siezed?

We appreciate your time. Thank you

Angela L. Haas
Angela L. Haas answered on Jun 12, 2019

Your home is safe, so long as it is titled as "tenants by the entirety". Your vehicles could potentially be seized, if you have not properly exempted them. Contact a Florida attorney regarding Florida's exemptions process.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for North Carolina on
Q: Can I be sued civilly for a debt to wachovia bank from 2009?

I recieved a call from a person claiming to be a part of 'Larkin mediation'. He said that I owed wachovia bank 100$ back in 2009 and that If I do not settle for 400$, I will be served and brought to court for over 2000$. When I searched their phone # I get no results for a business. They have not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

This is a scam. Ignore these scammers.

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on
Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3 children.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for North Carolina on
Q: Can I sue my wife's employer after undue emotional distress after having an affair with one of her direct employees. NC

My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have emotional... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 24, 2019

You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... Read more »

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