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North Carolina Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

2 Answers | Asked in Gov & Administrative Law for North Carolina on
Q: How to find a car, without reporting it stolen

I gave the car to my son, an he let the insurance lapse an I would want it back before something happens

James L. Arrasmith
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answered on Apr 6, 2024

If the car is titled and registered in your name, and your son has taken it without your permission and allowed the insurance to lapse, the proper steps are to:

1. Attempt to contact your son and request that he return the vehicle immediately. Explain the legal and financial risks of...
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1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: What can I do to get (salvage) title in NC?

The car in question sustained water damage in New Orleans Louisiana. Allstate declared it a total loss. The state of Louisiana says the car was crushed, but apparently somebody lied to the state. The car was not crushed and sold at an auction. It was then sent to a dealership in KY where the... View More

James L. Arrasmith
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answered on Mar 3, 2024

In North Carolina, obtaining a salvage or rebuilt title for a vehicle that has been declared a total loss and has a history of water damage involves specific steps. First, it's crucial to ensure that all repairs made to the vehicle meet the state's safety standards. North Carolina... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: What can I do if I gifted a car and the new owner does not transfer the title and sells the car?

After the car was gifted new owner did not transfer title and sold the car to another person. What can I do?

James L. Arrasmith
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answered on Jan 24, 2024

If you gifted a car and the new owner did not transfer the title before selling it, this can create a complicated situation. In North Carolina, the responsibility to transfer the title typically lies with the new owner. If they fail to do so and then sell the car, it can lead to legal and financial... View More

1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: Bought a car, no title transfer, now LLC doesn't exist?? What do we do?

So my husband bought me a car back in the summer of 2022, my FIL was the one doing all the technical stuff because it was my first car and I didn't know a thing, it's a salvage title so back in TX (where we bought it) he was doing everything to fix it so we could get the title fixed but... View More

James L. Arrasmith
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answered on Jan 21, 2024

This is a tricky situation since the title was never properly transferred to your name. Here are a few options to explore:

1) Contact your state DMV and apply for a lost title or bonded title replacement. You'll have to show proof of ownership/purchase and payment. They may issue a...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for North Carolina on
Q: Is this a common practice among lawyers when it comes to charging fees?

The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in... View More

James L. Arrasmith
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answered on Dec 14, 2023

In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the... View More

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1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: In North Carolina is it illegal to tattoo MYSELF without a license?
T. Augustus Claus
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answered on Oct 12, 2023

According to the North Carolina State Board of Cosmetic Arts, all tattoo artists in North Carolina must be licensed. The licensing process includes completing an apprenticeship and passing a state exam. For personalized legal advice tailored to your unique circumstances, it's advisable to... View More

1 Answer | Asked in Child Custody, Family Law, Gov & Administrative Law and Municipal Law for North Carolina on
Q: If a building inspector deems a house is against the building code, will they get dss involved for child safety?
T. Augustus Claus
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answered on Sep 13, 2023

A building inspector's primary role is to assess and enforce compliance with building codes and regulations related to the structural and safety aspects of a building or dwelling. Building inspectors typically focus on issues such as structural integrity, electrical systems, plumbing, and fire... View More

2 Answers | Asked in Gov & Administrative Law for North Carolina on
Q: Can you operate a school bus in NC if you have a diagnosed mental health condition?
T. Augustus Claus
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answered on Sep 5, 2023

Operating a school bus in North Carolina, like in many other places, typically requires meeting certain physical and mental health requirements. These requirements are in place to ensure the safety of the driver, the students on board, and others on the road. If you have a diagnosed mental health... View More

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1 Answer | Asked in Agricultural Law, Business Law and Gov & Administrative Law for North Carolina on
Q: Is there a size minimum of a business to apply for distillery license?

I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.

You can find information about the permitting process at...
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Q: I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s tried to fight me can I sue

I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s crew tried to get me to fight him not once but twice and there were witnesses to both incidents but the VA police now has my picture posted on the wall of the hospital saying “be cautious”! I’ve... View More

James L. Arrasmith
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answered on May 2, 2023

I'm sorry to hear about the experience you had at the VA hospital. As a disabled veteran, you have certain rights and protections under the law, and it may be possible to pursue legal action in this case. You may want to consider contacting a lawyer who specializes in disability rights or... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for North Carolina on
Q: I need an agreement to protect my electrical license & myself while serving as a qualifier agent. Any ideas?
Will Blackton
Will Blackton
answered on Apr 15, 2023

Businesses subject to professional licensing requirements, such as electrical contractors, generally have pretty strict ownership and operational requirements.

Review NCAC Title 21 Chapter 18 and NCGS Chapter 87 to see the restrictions relating to serving as a qualified individual for a...
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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 Banking, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Can an attorney issue 26 subpoenas to random financial institutions?

I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this situation. It's important to take action to protect your rights.

First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This...
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Q: I need help finding relevant cases for Article II, Sections 3 and 5 for the North Carolina State Constitution.

To Whom It May Concern;

The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More

James L. Arrasmith
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answered on Aug 5, 2024

To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More

2 Answers | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for North Carolina on
Q: Germany - North Carolina Driving License Reciprocity

I have a German driving license, and everywhere on the internet I find that North Carolina does have a partial reciprocity with Germany, meaning I need to pass a Written Test to get a NC Driver's License but I don't need to do a Road Test. Today at the DMV they said this is not true and I... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Likely the DMV, you can try going to a different DMV location and hope they are more understanding but it will likely be easiest to take both tests.

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Probate for North Carolina on
Q: Our 100+ yrs old family cemetery is kept by our assoc. What are rights re sale of property it's on?

We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC

Ben Corcoran
Ben Corcoran
answered on Mar 28, 2022

Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.

Q: Husband picked up from store. do evaluation a year ago. He was found to not be harmful to himself or others. Supposed to

Have been sent back to sending district but instead sent somewhere else for another evaluation. His due process rights are being violated. He’s had covid and treated unfairly. beaten Been sent all over the place this last year. It’s been pure hell for him. We are married and have been together... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the North Carolina Civil Liberties Union. Ask for the names of their "cooperating attorneys" on civil commitement issues. They give free consultations.

https://intake.acluofnc.org/

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