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North Carolina Questions & Answers
1 Answer | Asked in Criminal Law for North Carolina on
Q: can a 20 year old go to jail if he gets a 17 year old pregnant ?
Christopher A. Beechler
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Christopher A. Beechler PRO label
answered on Feb 3, 2023

No (usually). The age of consent in NC is 16. However, there are 2 general exceptions.

14-27.32. Sexual activity with a student.

(a) If a defendant, who is a teacher, school administrator, student teacher, school safety officer, or coach, at any age, or who is other school...
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1 Answer | Asked in Personal Injury and Energy, Oil and Gas for North Carolina on
Q: Can I sue a gas station for the pump not automatically turning off when the tank was full which lead to eye injury?

Can I bring a suit against a gas station for the pump not automatically turning off when the tank was full? My wife was pumping gas and the pump didn't turn off when the tank was full. She was sitting in the car when she noticed the gas spewing out of the side. When she went to remove the... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. I hope your wife is okay. It sounds like it could be a difficult case because there's a possibility it could involve costly engineering examination and testing of the release mechanism in the nozzle,... Read more »

3 Answers | Asked in Collections for North Carolina on
Q: I need a listing of lawyers in Mecklenburg county that can consult me on a debt collection suit
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 1, 2023

We don't do that in this forum. There may be other places on Justia where you can look.

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3 Answers | Asked in Collections for North Carolina on
Q: I need a listing of lawyers in Mecklenburg county that can consult me on a debt collection suit
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 1, 2023

You don't mention if you are trying to collect from someone, or if you are defending a collection against yourself, or if this is a business collection matter. If you are defending against a personal collection you could start out with consumer bankruptcy attorneys (many also defend... Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 1, 2023

Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Are new drumstick holding technique, way to assemble hi hat, and drumming style patentable?

i have a different drum setup. i have combined hand drums with my drum set along with using my drumstick holding technique. my hi hat i combine unusal symbols along with at least one of them being inverted.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, I believe that it should be patentable.

What I like about our invention as far as patenting it goes, is that it is a combination of three parts: a holding technique, a way to assemble parts of the kit, and a drumming technique.

However, be prepared to face two very large...
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1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

I am sorry for your loss.

The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: There's a longer story, but my basic question is how long can a trash service leave their trash can in my yard?

I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 30, 2023

I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... Read more »

1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Statue of limitations for larceny of theft in NC

I’ve read online from some employees of large corporations like Walmart and Target that these companies have a tendency to avoid prosecuting thieves until they have accumulated enough stolen property to constitute a felony. This begs the question of statute of limitations from misdemeanor to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 24, 2023

This is a criminal law question, not a consumer law question. As far as a civil lawsuit, the statute of limitation for money owed is 3 years not matter what the amount, and it starts fresh with each incident. Please repost this under Criminal Defense.

1 Answer | Asked in Social Security for North Carolina on
Q: If I'm on SSI and have a payee over my check and money and she will not let me know what my funds are in my bank account

What do i do.because i have 4 years back pay that i havnt ever even touched and she tells me i have very little left in my account and close to running out next month when I pay my rent and power bill

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 24, 2023

It is perfectly reasonable for you to ask your representative payee how your money is being spent and how much you have in your bank account. Your representative payee is responsible for using your SSI benefits to pay for your needs including payment for food, shelter, clothes, medical care and... Read more »

3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Nick Benjamin
Nick Benjamin
answered on Jan 23, 2023

If the district attorney allows it, then yes. 95% of the time they will allow it. You may still need to go to court to tell the DA you want it dismissed

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3 Answers | Asked in Criminal Law for North Carolina on
Q: If I took papers out on someone and decided to drop charges can I do that
Philip J. Clarke III
Philip J. Clarke III
answered on Jan 24, 2023

You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a...
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1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: can someone sell a leased item as their own and not let the lease owner know?

I purchased a business and the owner of the business i purchased sold me some equipment that was under a lease and had not been paid off. The owner of that business never told the lease company or paid a payment...

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

The attorney who handled your acquisition should have considered this in your PSA. If it was a stock sale, as opposed to an asset purchase, the business is likely the lessee on the capital equipment lease for the equipment included in the sale of the business. Check your due diligence file for... Read more »

1 Answer | Asked in Car Accidents for North Carolina on
Q: Who is at fault when backing out of parking space. Is it the car in motion first.
Tim Akpinar
Tim Akpinar
answered on Jan 20, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific vehicle and traffic law, the convention followed in most places is that a vehicle backing out must usually yield to vehicles already... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: My court date on the paperwork served on me is 03-06-23 but I just received a letter from clerk of court with different

I received a letter from the clerk of court with a different court date what should I do

W. Scott Harkey
PREMIUM
W. Scott Harkey PRO label
answered on Jan 20, 2023

You should contact the clerk directly to confirm that the date provided on the letter is the correct court date. You should also search for your court date at https://www.nccourts.gov/court-dates to confirm your court date.

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