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North Carolina Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I was laid off while pregnant.

Since having my first child in January 2023, there were a few instances of discrimination such as being turned down for an additional role that I was more than qualified for and the reason being communicated that I was a new mom. I became pregnant again in July 2024 and told my manager in Aug 2024.... View More

Kirk Angel
Kirk Angel
answered on Jan 5, 2025

You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

Anthony M. Avery
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answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 27, 2024

I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.

You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced...
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3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 27, 2024

As the attorney from Pennsylvania noted, there are court processes available for them to take if they want to get the lien put back on the title. They also can sue you for the balance due once you stop paying on the loan and get a money judgment without seeking possession of the vehicle. This can... View More

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1 Answer | Asked in Employment Law for North Carolina on
Q: My employer paid me a stipend for an educational training and is now asking me to pay that stipend back.

I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More

Kirton M. Madison
Kirton M. Madison
answered on Dec 16, 2024

In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: How can I handle this miscommunication or confusion with my insurance and then being extra charged because of that?

I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. You should be able to remedy this without attorneys. Keep trying to reach them on the phone. It looks like this mix-up resulted limitations in clear communication because of the chat session. Over the... View More

1 Answer | Asked in Probate for North Carolina on
Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.

The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More

Anthony M. Avery
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answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Legal ramifications of purchasing a house that has an unpermitted addition.

I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.

I am... View More

Shane T. Johnson
Shane T. Johnson
answered on Nov 26, 2024

1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.

2. It may be difficult to sell the house. Your liabilities may extend...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Collections for North Carolina on
Q: I've been receiving phone calls from someone saying they are a litigation service and claim I owe money. Is it legit?

They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 17, 2024

Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More

3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
Damon Duncan
Damon Duncan
answered on Nov 15, 2024

You could possibly file a bankruptcy, allowing you to surrender the property and liquidate any of the loans that remain on the property. It would also wipe out credit cards, medical bills, and personal loans. However, there are a lot of moving parts so you would want to talk with someone to discuss... View More

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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2024

Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.

In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your...
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1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: ln NC State will you go to jail for this. A 24 year old dating a 17 year old, both females and had sexual relation.

.

John D. Pritchard
John D. Pritchard
answered on Nov 7, 2024

Probably not.

The age of consent in North Carolina is 16, so a 17 year old is considered legally able to consent to sexual activity.

There are always exceptions. For instance, if the 24 year old were a teacher or coach at a school and the 17 year old was a student at the same...
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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I requested accommodations for sched change at my job. They refuse and keep writing me up due absences. Is this fair?

I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More

Kirton M. Madison
Kirton M. Madison
answered on Nov 6, 2024

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

1 Answer | Asked in Collections for North Carolina on
Q: I was sued and lost but the case was filed in a different county than the one i live in is this a valid suit

It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.

The general rule is that debt collection lawsuits must be filed in the...
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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More

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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I be charged with drugs found in a drug raid but the house is not in my name or was not found on my person
John D. Pritchard
John D. Pritchard
answered on Oct 17, 2024

The short answer is yes.

To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable...
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1 Answer | Asked in Real Estate Law and Small Claims for North Carolina on
Q: Hi, can i get a temp accommodation while my builder is fixing a water leak under warranty on a new home i bought

Hi, i bought a new house from a builder, after 2 months we noticed there was a leak in the kitchen with no visible signs from day one, which caused significant damage to the home( upto the floor joist, sub floor with mold all over ) so while they were fixing we moved out and rented a temp... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A North Carolina attorney could advise best, but your question remains open for almost a month. It could depend on what the warranty outlines in its protections and remedies, and an impartial opinion as to the hazard presented by the water damage. An option that might be worth exploring is whether... View More

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