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North Carolina Civil Litigation Questions & Answers
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 Houser
Amanda Bowden Houser 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 Houser
Amanda Bowden Houser 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 Houser
Amanda Bowden Houser 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...
Read more »

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 »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: hello, I have a few questions

I was in a accident and im try to sue for car damage, medical bills and pain and suffering

Rishona Peace
Rishona Peace answered on Jun 20, 2020

We would need more information such as whether the other party has assumed fault, whether any citations were issued and to whom, etc.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for North Carolina on
Q: Can an executor have a deceased person's vehicle towed from someone else's property?

My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »

Angela L. Haas
Angela L. Haas answered on May 21, 2020

The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... Read more »

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

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... 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... 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 »

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