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North Carolina Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question for F2B category applicant getting ineligible due to getting married, what's the cutoff time ?

Petition got approved back back in back in late 2020, and case for immigrant visa was documentarily completed since 01/28/2021 and then waiting for interview, applicant got married in Mid 2022 and the now at the time of visa interview his case was rejected due to being married.

I have seen... View More

James L. Arrasmith
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answered on Mar 15, 2024

In the context of U.S. immigration, the F2B category applies to unmarried sons and daughters of permanent residents. If an applicant marries before becoming a lawful permanent resident, they generally become ineligible under this category. The crucial moment determining eligibility is not when the... View More

1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a... View More

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answered on Mar 13, 2024

In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1....
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1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: My phone was taken as evidence a year ago. I know there is no evidence on the phone.its been a year. How do I get it bac
Lynn  Norton-Ramirez
Lynn Norton-Ramirez
answered on Mar 4, 2024

It depends if the case or investigation that precipitated the seizure of the phone is still pending. If it has been closed, a Return of Property order signed by the judge and addressed to the law enforcement body in possession of the phone is recommended. If the investigation and/or case is... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I was recently let go from my job/Non-profit organization as director of operations.

I was recently let go from my job/Non-profit organization as director of operations. I had been with organization for 27 years. The company has a 3-strike system, first offense is a verbal warning, the second offense is a written warning, and the third they can terminate you. In the 27 years that I... View More

James L. Arrasmith
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answered on Mar 4, 2024

In North Carolina, employment is generally considered "at will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons such as discrimination or retaliation. However, if your termination violated the organization's own established... View More

1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: What can I do to get (salvage) title in NC?

The car in question sustained water damage in New Orleans Louisiana. Allstate declared it a total loss. The state of Louisiana says the car was crushed, but apparently somebody lied to the state. The car was not crushed and sold at an auction. It was then sent to a dealership in KY where the... View More

James L. Arrasmith
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answered on Mar 3, 2024

In North Carolina, obtaining a salvage or rebuilt title for a vehicle that has been declared a total loss and has a history of water damage involves specific steps. First, it's crucial to ensure that all repairs made to the vehicle meet the state's safety standards. North Carolina... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony violation charge just to get off probation, is this something that happens a lot and can I do anything?
T. Augustus Claus
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answered on Mar 1, 2024

In North Carolina, receiving a felony violation charge as a means to expedite the termination of probation is not a standard legal procedure and is generally not advisable due to the significant negative consequences of having a felony conviction on your record. Such an action could result in... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Material Substitute in terms of usage for copyrighted values

I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.

James L. Arrasmith
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answered on Mar 1, 2024

In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and... View More

2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
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answered on Feb 28, 2024

Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and...
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1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

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answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

James L. Arrasmith
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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: We are starting an online business and plan to make clothing with it. We are curious what we need to trademark

We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?

James L. Arrasmith
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answered on Feb 25, 2024

Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: I fell at a local resale store in March 2022. The insurance company for the store refuses to pay me for anything other t

than medical bills related to the fall. I got hurt bad enough that my right arm is basically useless as I have to use my left hand to lift it & my left knee is messed up to the point that I can't even get a knee replacement. I'm stuck with a limp & using a cane or other assistance... View More

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answered on Feb 24, 2024

If the insurance company of the store is only willing to cover your medical bills and you're facing additional hardships like loss of mobility, pain, and financial strain due to transportation costs to medical appointments, you have the option to pursue further legal action. It's... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina on
Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

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answered on Feb 24, 2024

As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: I am permanently disabled, move with difficulty using a forearm crutch, need half circle front yd driveway installed.

I retired to my hometown after buying a boarded up, condemned historic home, renovated it totally to use also as a small bed and breakfast inn. I fell some 10 ft. from a ladder spackling what the workman had missed in the dining room ceiling, and descending lost my footing. I now have had... View More

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answered on Feb 23, 2024

It sounds like you're facing some significant challenges with mobility due to your disability and the layout of your home. It's understandable that you would need accommodations such as a driveway for easier access to your property. Despite your efforts to explain the necessity and... View More

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2 Answers | Asked in Personal Injury for North Carolina on
Q: I am permanently disabled, move with difficulty using a forearm crutch, need half circle front yd driveway installed.

I retired to my hometown after buying a boarded up, condemned historic home, renovated it totally to use also as a small bed and breakfast inn. I fell some 10 ft. from a ladder spackling what the workman had missed in the dining room ceiling, and descending lost my footing. I now have had... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

I'm sorry for your injuries and the frustration of being denied the architectural revisions you requested and need - both for your own well-being and for the compassionate and generous work you do for Wounded Warriors. There are attorneys who specialize in ADA matters who would probably have... View More

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1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

James L. Arrasmith
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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

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