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North Carolina Questions & Answers
1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: I have a money judgement from Florida and I live in North Carolina. What are my next steps in resolving this debt?

I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.

1 Answer | Asked in Contracts for North Carolina on
Q: Can a company repossess during a state of emergency
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2020

The short legal answer to this question is yes. The short practical answer is yes, but they will probably will wait until everything settles down. But do not rely on them waiting.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: My son is 18 and dosen't follow our rules. Can I kick him out?

My son is 18 and dosen't follow our rules. He is a senior in high school but doesn't go on a regular basis, so he most likely will not be graduating. He disappears for days at a time and won't communicate with me when I try to reach him. I've been having a lot of problems with him over the past... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

Yes. You have zero obligation to continue to enable him after he is 18. Feel free to put him out on his own.

1 Answer | Asked in Car Accidents for North Carolina on
Q: Can an insurance company have me for taking someone's key and driving to the store. I hit someone with their car.

I'm not on their insurance. The insurance wants them to file theft but he will not. Can the insurance company have me arrested?

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

No. But you need to get with an attorney who handles traffic tickets because chances are you are going to get one and you need to know how to say what you need to say.

1 Answer | Asked in Family Law for North Carolina on
Q: I'm dating a 17 year old and I'm 13. We are in a LDR and nothing sexual is being talked about. Is it ok for us to date?
Adam Bull
Adam Bull answered on Mar 30, 2020

Your are flirting with a problem, no pun intended. It's ok to be friends, but you should draw the line there. It's a ldr as you pointed out. I'd start looking around for someone closer geographically and age wise before progressing too far. Your young and I'm sure have many great qualities. If... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Hello I'm a legal USA resident. I've been in love and dating a gentleman from Nigeria on and off for 12 year's.

His work Visa has expired years ago. I want to marry the love of my life. He doesn't have a criminal background. What should we do?

Thank you,

Fay

Svetlana Kats
Svetlana Kats answered on Mar 30, 2020

Fay, your best option is to marry your fiance and apply for U.S. citizenship when you become eligible.

As a U.S. citizen, you will be able to file immigrant petition and application to adjust status for your husband to keep him in the U.S.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: I have an open case against my son's mother in Cleveland County North Carolina she has taken my son and left the County

I am the one who opened the case against her do she have the right to move from one County to another County without letting DSS or myself know in the state of North Carolina

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 28, 2020

Unless ordered by the court to do so a person generally has no obligation to get permission from or tell others that or where are moving. In fact, sometimes the purpose of the move is so that others don't know.

1 Answer | Asked in Car Accidents for North Carolina on
Q: Hello, I had a rear ended car accident in Charlotte NC in Nov. 2017, I am looking for a lawyer.

I have injuries in my lower back and in my neck. I had a lawyer before, but now I am looking for a new one.

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

Don't wait for someone to contact you; this isn't a referral service. It's only a question and answer board. Just reach out to attorneys - you could attorneys in or near your county here on this site, through your own independent searches, or maybe through the resources of the North Carolina Bar... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I'm getting married in a different county than i live in which county do i get a marriage license and can i turn it in?

Or does the officiant have to turn it in because he is out of county too

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 27, 2020

If you and your potential spouse are eligible, you can get a marriage license in any county at the local register of Deeds office and use it in any North Carolina county within 60 days of it being issued. The officiant must sign it and turn it in within 10 days of the ceremony where it was issued.... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I have a traffic ticket that was due to be paid but I've been laid off due to covid 19..will they give me a penalty?

Citation, failure to reduce speed, has already been settled in court and given 40 days to pay before the shut down..

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 26, 2020

Under normal circumstances a Failure to Reduce Speed ticket should likely have been dismissed (meaning there would be nothing for you to have to pay) so if you handled this yourself - odds are you didn't do it right. If you do not pay, yes a $200 penalty will likely apply and DMV will be notified... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How long does a landlord have to return a security deposit in North Carolina?

I received an email that my security deposit would be mailed out that week. Then a month later I was sent a bill stating I owed for damages. I was sent the itemized bill 48 days after the end of my lease.

Paige Kurtz
Paige Kurtz answered on Mar 23, 2020

A landlord has 30 days to issue an itemized statement regarding the application of the security deposit and/or return any unapplied security deposit. However, if the landlord's damages are not fully known in that time, they have to issue an interim accounting and then a final accounting within 60... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for North Carolina on
Q: After you obtain disability attorney, Is there anything they can't tell you by law?

I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?

Attorney- I can't... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... Read more »

1 Answer | Asked in Car Accidents for North Carolina on
Q: If I am in a car accident and took 3 days off work to go to the doctor can I seek compensation from either ins. Company?
Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

A North Carolina attorney is best suited to answer your question, but you await an answer for four weeks. As a GENERAL premise for motor vehicle accidents in MANY jurisdictions, time lost from work to attend doctor visits or physical therapy is not usually compensated as part of basic economic... Read more »

1 Answer | Asked in Education Law for North Carolina on
Q: Can a high school teacher fail me due to me using my phone to compete work
Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

If it was a test setting, yes, because phones are equated with getting outside help. Good luck

Tim Akpinar

2 Answers | Asked in Divorce for North Carolina on
Q: My ex wife baptized my son without my knowledge or consent. We have Joint Legal custody. Is this contempt?!

She has primary physical custody. Our order is in Hawaii.

Adam Bull
Adam Bull answered on Mar 20, 2020

Probably not. Religion is a deeply personal decision. With joint custody there should have been communication regarding the baptism however i do not think either parent could force it nor prevent it. This is similar to non essential medical care decisions (dental sealant, HPV,). the law presumes... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: Do I get my money back after failing to successfully complete chapter 13 bankruptcy?

1. Paid all lawyers fees 1st year

2. All creditors came back for the full amount, claiming to have never received any payment

3. Lawyer won't give me any further information

4. All payments were good except the last 5 payments

William F. Godbold IV
William F. Godbold IV answered on Mar 20, 2020

If your proposed Chapter 13 plan was confirmed, any money you paid in would be paid out to creditors according to the terms of the plan and you would not receive it back.

Depending on the terms of the plan, your payments may have gone to pay your attorney fees first. Then when your case...
Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Hi. My husband and I own our place together. He wants me to leave. We have about $80,000 in equity.

He also has a pension and we both draw SS. He said he might give me about $700 a month. I only make $790 a month from SS. I don't know what to do. He said that if I stay something bad might happen. I have no idea what to do. I was going to ask him for 1/2 the equity..... But I think he will... Read more »

Adam Bull
Adam Bull answered on Mar 19, 2020

Mrs. Boone,

Your are entitled to one half of all assets and potentially spousal support and alimony. You should not give in to his threats.

Please contact an experienced family law attorney who can stand up and fight for you in your location to assist you.

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Can i get license after I've gotten a dwlr while waiting on hearing
Kristen Dewar
Kristen Dewar answered on Mar 19, 2020

Being able to get your license depends, of course, upon your eligibility for reinstatement with the DMV. Now, if you're waiting on a DMV hearing, that usually means that you have a current set or permanent suspension suspending your privileges, thus you'd need to have the hearing and win it in... Read more »

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