North Carolina Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
North Carolina Questions & Answers
Q: Can I get divorced without serving them papers?
Amanda Bowden Houser's answer
You can not divorce without proper service of process. Also you can't just skip to going the legal publication route. There are certain steps you need to take. Look, when the transmission in your car goes out, you call a mechanic. Unless you are a mechanic, you'd never in a million years think yourself 'you know what, I'mma go out there and fix that bad boy myself'. So why in the world do you think you are competent to do your own legal work? You really need to shop around and hire an...
You can not divorce without proper service of process. Also you can't just skip to going the legal publication route. There are certain steps you need to take. Look, when the transmission in your car goes out, you call a mechanic. Unless you are a mechanic, you'd never in a million years think yourself 'you know what, I'mma go out there and fix that bad boy myself'. So why in the world do you think you are competent to do your own legal work? You really need to shop around and hire an...
Q: In North Carolina I git ticket for driving 81 on 55 limit. I am in GA itvsays that it is mandatory court appearance.
Amanda Bowden Houser's answer
Yes, you need an attorney. Yes, it can likely be reduced. No, the slope of a mountain is not why you were going 81/55. If the address on your ticket is correct, you will likely get letters from local traffic attorneys. Pick one. Please don't tell waste their time with the mountain slope excuse. Best of luck.
Yes, you need an attorney. Yes, it can likely be reduced. No, the slope of a mountain is not why you were going 81/55. If the address on your ticket is correct, you will likely get letters from local traffic attorneys. Pick one. Please don't tell waste their time with the mountain slope excuse. Best of luck.
Q: Hello an Asbestos company filed bankruptcy years before my Dad who had worked there for over 25 years.
1 Answer
| Asked
in
Bankruptcy and Workers' Compensation
for
North Carolina
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Timothy Denison's answer
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
Q: My wife want to divorce and take kids to mexico
2 Answers
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
North Carolina
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Amanda Bowden Houser's answer
If the children have resided in North Carolina for at least the last 6 months then you should consult with a local family law attorney regarding an injunction to prevent her from doing that. Best of luck.
If the children have resided in North Carolina for at least the last 6 months then you should consult with a local family law attorney regarding an injunction to prevent her from doing that. Best of luck.
Q: With Lien notice, how much time before sale of home in NC?
Paige Kurtz's answer
The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object to your exemptions which will then require a court hearing on the exemptions.
The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object to your exemptions which will then require a court hearing on the exemptions.
Q: My ex wife took my kids 10 years ago and has kept them from me and my family ever since. What can I do?
1 Answer
| Asked
in
Child Custody, Civil Litigation and Family Law
for
North Carolina
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
Amanda Bowden Houser's answer
I am really hoping that the real reason it appears you have done virtually nothing to see your children in ten years is that you simply did not have the financial resources to do so. If that is the case, there is certainly no shame in that (assuming you have also done whatever else you can to say in contact with them). However, if you did have the financial ability to fight for them and it seems you did since you say you filed for custody, then you wanting to lay the blame for this situation...
I am really hoping that the real reason it appears you have done virtually nothing to see your children in ten years is that you simply did not have the financial resources to do so. If that is the case, there is certainly no shame in that (assuming you have also done whatever else you can to say in contact with them). However, if you did have the financial ability to fight for them and it seems you did since you say you filed for custody, then you wanting to lay the blame for this situation...
Q: I have a question about divorcing my non-citizen wife
Peter Munsing's answer
You want to get a divorce/family law attorney in the county where you both resided. That person can tell you what you need to do, your options--the immigration issue is her issue, not really yours.
You want to get a divorce/family law attorney in the county where you both resided. That person can tell you what you need to do, your options--the immigration issue is her issue, not really yours.
Q: Do I have recourse? I took a job only to find out on my first day that the company filed Chapter 11 a few days prior.
Timothy Denison's answer
It is unfortunate and they should have notified you but they are not legally obligated to do so.
It is unfortunate and they should have notified you but they are not legally obligated to do so.
Q: 18 yr old with no previous ticket... received a ticket going 71 in a 55 zone... would I need an attorney for this?
Amanda Bowden Houser's answer
Need is often a subjective term. No, you likely don't 'need' an attorney but it would be a really, really good idea. If your address is correct on the ticket, you will likely get a crap ton of letters from traffic attorneys. You definitely don't need F. Lee Bailey for a mere 71/55 so just pick the cheapest one and roll with that.
Need is often a subjective term. No, you likely don't 'need' an attorney but it would be a really, really good idea. If your address is correct on the ticket, you will likely get a crap ton of letters from traffic attorneys. You definitely don't need F. Lee Bailey for a mere 71/55 so just pick the cheapest one and roll with that.
Q: RECEIVED dui 2 IN 2011 WAS IN MILITARY, GOT RESTATIONED , WHAT IS STATUE OF LIMITATIONS ON THIS FOR NC?
Amanda Bowden Houser's answer
If by 'received' you mean you were charged, then there is no statute of limitations. If you have not or do not take care of the charge eventually you are likely to be arrested - and usually at the worst possible time.
If by 'received' you mean you were charged, then there is no statute of limitations. If you have not or do not take care of the charge eventually you are likely to be arrested - and usually at the worst possible time.
Q: Hi I am 17 years old with a first time citation for driving 95 mph what should I do?
Amanda Bowden Houser's answer
You need an attorney. Assuming the charge of 95 was in a 70, that's 25 over and you are at the threshold of where just one more mile would have put you in an incredibly bad spot. Likely a PJC may be the best way to go if your attorney can convince a judge to give it to such a young driver but there may be other options. If your address on the ticket is correct you will likely be getting a crap ton of letters from local traffic attorneys. Normally I say pick the cheapest one but in your case...
You need an attorney. Assuming the charge of 95 was in a 70, that's 25 over and you are at the threshold of where just one more mile would have put you in an incredibly bad spot. Likely a PJC may be the best way to go if your attorney can convince a judge to give it to such a young driver but there may be other options. If your address on the ticket is correct you will likely be getting a crap ton of letters from local traffic attorneys. Normally I say pick the cheapest one but in your case...
Q: My h1b extension is pending with USCIS,My wife is H1B valid still 5/2020.We both have i140. Can I apply for H4 EAD now ?
Hector E. Quiroga's answer
In general, that strategy poses no problems. The only potential issue is that if your H4 visa is approved, then your H1B will likely not be extended.
In general, that strategy poses no problems. The only potential issue is that if your H4 visa is approved, then your H1B will likely not be extended.
Q: Is the printed on ticket the time of violation or time the ticket was printed. For instance school zone infraction
Amanda Bowden Houser's answer
If it was a white printed ticket, the time the ticket was printed does not appear on the ticket. The time shown on the ticket should be the time of the offense. So if as you state, the school zone started at 7:25am and the time on your ticket was written as the offense having occurred at 7:30am then the officer is alleging you were within the time frame that the school zone was in effect. Unless of course the school zone ended at 7:29 am (and a 4 minute school zone period would be highly...
If it was a white printed ticket, the time the ticket was printed does not appear on the ticket. The time shown on the ticket should be the time of the offense. So if as you state, the school zone started at 7:25am and the time on your ticket was written as the offense having occurred at 7:30am then the officer is alleging you were within the time frame that the school zone was in effect. Unless of course the school zone ended at 7:29 am (and a 4 minute school zone period would be highly...
Q: Can I file a suit against a business for unfair treatment?
2 Answers
| Asked
in
Business Law, Civil Litigation, Contracts and Employment Law
for
North Carolina
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Q: If I get charged with a DUI, will my license be suspended immediately or only after a conviction?
Amanda Bowden Houser's answer
In North Carolina it is DWI. Your license to drive or at least your privilege to drive in North Carolina (if you are licensed out of state) will be suspended at the time you are charged - generally speaking for 30 days. This is called a civil revocation. If you are processed properly, you will receive written notice of that fact. If eligible, you can apply for a limited driving privilege after 10 days to carry you through the remaining 20 days of the initial civil revocation suspension or...
In North Carolina it is DWI. Your license to drive or at least your privilege to drive in North Carolina (if you are licensed out of state) will be suspended at the time you are charged - generally speaking for 30 days. This is called a civil revocation. If you are processed properly, you will receive written notice of that fact. If eligible, you can apply for a limited driving privilege after 10 days to carry you through the remaining 20 days of the initial civil revocation suspension or...
Q: Wondering if I have the right to withhold rent for each day that my air conditioner has stopped working with pets home?
Paige Kurtz's answer
No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.
No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.
Q: Can you have some one waive rights to personal injury claims while working on your property?
Peter Munsing's answer
If they are a contractor not an employee they can sign an acknowledgement that they acknowledge that the risk of any injury is accepted by them and they are undertaking the job assuming any risk.
If they are a contractor not an employee they can sign an acknowledgement that they acknowledge that the risk of any injury is accepted by them and they are undertaking the job assuming any risk.
Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?
1 Answer
| Asked
in
Medical Malpractice, Personal Injury and Products Liability
for
North Carolina
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.
May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.
Q: im in NC will i go to jail for going into my wifes facebook or messages because she is cheating
Amanda Bowden Houser's answer
Depends on a several factors. The most important of which are: If you broke any laws, if you get caught and if you get convicted. Of course, making admissions on a public forum doesn't help your situation at all.
Depends on a several factors. The most important of which are: If you broke any laws, if you get caught and if you get convicted. Of course, making admissions on a public forum doesn't help your situation at all.
Q: how can I get legal aide if my county doesn't offer it?
Timothy Denison's answer
Legal Aid often combines several counties in providing legal services. Contact the Legal Aid nearest you and ask for assistance.
Legal Aid often combines several counties in providing legal services. Contact the Legal Aid nearest you and ask for assistance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
