North Carolina Q&A by Practice Area
North Carolina Questions & Answers
Q: What is the punishment for defrauding a urinalysis for the court system I am on probation and got caught.
It will be a violation of your probation at least. Consult with a local criminal law attorney who can review your situation in more detail and provide you with options. Best of luck.
Q: I filed divorce in Wake Country and my ex filed a 30 day extension but never responded after that.What do I do now?
You should have hired an attorney - it likely would have been cheaper and you wouldn't have had to bother schlepping to court or dealing with surprises. Typically, in Wake county if the 30 day extension has expired, you will likely need to file a Motion for Default Judgment (also called a Motion... Read more »
Q: I will be filing next year bankruptcy and I was wondering if I should move money in the bank to an IRA since IRA's are
exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.
No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.
Q: If someone rolls back into your car at a stoplight on a hill who is at fault?
The person rolling back is typically at fault. However, if they chose to lie and say you hit them, you will have a difficult time proving otherwise without dash cam or other video evidence or at least witness testimony. Years ago when auto insurance fraud was more prevalent, fraudsters would back... Read more »
Q: Hello I did speak with an attorney and was told IRA's are exempt.
I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... Read more »
Q: I am considering bankruptcy and have money in the bank , should I move the money to an IRA account prior to filing ?
I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.
No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put you in a... Read more »
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?
No, it violates federal and likely state laws. If someone bought it they need to contact the consumer division of the AG's office.
Q: Can a divorce lawyer in NC handle a divorce from Massachusetts?
Wife with parents in Chapel Hill, NC, but husband and home is Massachusetts.
If the divorce is done in North Carolina - yes. If the divorce is done in Massachusetts then no, unless the attorney is also licensed there but even in that case travel with likely be cost prohibitive expense. If you expect the divorce to be uncontested and wife has resided in NC for at least the... Read more »
Q: How much of a warranty do home builders have to provide on newly constructed homes?
We purchased a home that was completed in Mar 2018 in January 2019. Although it is a new home, we are the second owners. So we purchased it from the original owner and not the construction company. Because of this, we were told they would not extend the 1 year builders warranty to us, and it... Read more »
It will depend on the original contract between the homeowner and the builder as to what warranties exist. Any issues that arise that are a result of faulty construction could potentially be brought against the builder within six years of the original work. Your contractor is probably thinking of... Read more »
Q: charged with dwi over an hour after wreck into woods, charged 1-1/2 hours later at bar over 1 mile away. blew 0.13
was at bar drank "a beer", i did not even finish it, left bar about 12:45am. I was kinda irritated, so i was driving a little on the fast side, coming around a corner i failed to maintain control as the rear end of the car i was driving started to slide in to the turn. the back wheels left road as... Read more »
Basically, if you kept your mouth shut when you were arrested and made no statements - you'll likely get off. If you flapped your hole to law enforcement like most people do - you will likely be convicted. So go consult with a local DWI attorney in the county you were charged in.
Q: I am a co leesee on an automobile. Do I have any rights? I'm in North Carolina
As a co lessee you have all the the same rights as the other lessee.
Q: Me and my fiance got married under a k1 visa but she left the us because we thought she had to wait back in her country.
She came back to her country because we thought she had to wait for her travel permit there, now im trying to bring her back im an Active duty Us Marine
Contact www.AILA.org, American immigration lawyers Association, which has a military assistance project. You may qualify for free assistance by volunteer Immigration lawyers.
Q: I got in a fight last year and I pressed charges on the person and they just now having court now this years is it any
Way I can get the charges dropped
You can contact the prosecutor and ask
Q: I received a check for $500 as a gift from a friend that I know just went through bankruptcy.
The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?
No.
Q: Can a mortgage company buy a discharged unaffirmed mortgage and start reporting it to the credit bureaus?
We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... Read more »
Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.
Q: My husbands ex is preventing visitation
She moved to NC 2 months ago. We live in Florida, he has lived here since the divorce was finalized. She has physical custody, they have joint custody. The decree says they will agree on visitation, however since we got married she is now not agreeing to any visitation unless he comes to NC alone... Read more »
Your husband needs to hire a family law attorney where the children reside and have the ex put in her place.
Q: I sold a camper using Craigslist, I was paid in full. The buyer did not take the title and has not come back
It has been well over one month. They have not contacted me and I cannot reach them on the number they provided. They had originally planned to bring me a cashier's check and pick up the trailer and title that day but instead paid by personal check. They were supposed to come back on the weekend,... Read more »
One month is NOT enough time. FYI: Most Americans have "put things on layaway" for more than a month. Whatever your obligations may be they do not include selling the camper again--at least not until you have truly exhausted all possible ways to locate the honest buyer. Go get a copy of his... Read more »
Q: Going 94(In urgency to restroom) in a 70. asked me to appear in davie county court, nc. what r the outcomes & solution.
What ever you do please do not go to court yourself and mention that you endangered other people going 24mph over the speed limit because you had to go to the bathroom - or you likely will really not like the outcome. Your best bet is to hire a traffic attorney. We can represent you there for a... Read more »
Q: my father has dementia can I find out if he has a living will and poa
he got sick today had to go to hospital
You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA
Q: My husband abandoned me 8 months ago taking our RV. The RV is registered in both names. I called regarding the insurance
RV was relisted w/o my name & address on insurance and property tax address was chgd. My name is still on registration.Live in home with both names & he chgd address on property taxes of home also.Doesn't want Separation papers cause doesn’t want to pay alimony. I’m on Disability.is what... Read more »
You'll need to file an action for equitable distribution and/or alimony, to force him to return the property or pay you for your share of the property, in addition to paying alimony (if applicable). Consult with a family law attorney regarding your options. Your options will vary, depending on... Read more »
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