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: Help with bank levy
1 Answer
| Asked
in
Banking, Civil Litigation and Small Claims
for
North Carolina
on
Answered on Apr 23, 2019
Answered on Apr 23, 2019
Bruce Alexander Minnick's answer
This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.
This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.
Q: When an adult child leaves the home (22y/o), under bad circumstances, the items remaining in the home belong to whom?
1 Answer
| Asked
in
Family Law, Real Estate Law and Civil Rights
for
North Carolina
on
Answered on Apr 22, 2019
Answered on Apr 22, 2019
Amanda Bowden Houser's answer
Items in the house belong to whomever owns them. Items left your your house do not magically become yours by mere virtue of being left in your house. If there are items that belong to your adult child, you are likely under a bailment obligation to store them safely for some period of time. You should provide written notice for your adult child to pick up the belongings and allow a reasonable period of time to do so - say 3 months or so, maybe longer. You can charge a reasonable storage fee....
Items in the house belong to whomever owns them. Items left your your house do not magically become yours by mere virtue of being left in your house. If there are items that belong to your adult child, you are likely under a bailment obligation to store them safely for some period of time. You should provide written notice for your adult child to pick up the belongings and allow a reasonable period of time to do so - say 3 months or so, maybe longer. You can charge a reasonable storage fee....
Q: I received a ticket in 2001 for “reckless driving”. I was by my recruiter while in basic he would take care of it
Amanda Bowden Houser's answer
My firm has about 30 years of combined traffic ticket experience. I have never heard of what you described. However, if there is no hold on your license - do you really care how it's possible?
My firm has about 30 years of combined traffic ticket experience. I have never heard of what you described. However, if there is no hold on your license - do you really care how it's possible?
Q: I am bullied daily at work. complained but no results. I have had severe emotional stress/suicidal thoughts. Can I sue?
2 Answers
| Asked
in
Employment Discrimination, Employment Law and Sexual Harassment
for
North Carolina
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Bruce Alexander Minnick's answer
If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.
If you feel you are being discriminated against at work you should either contact the federal Equal Employment Opportunity Commission in Washington DC or contact the corresponding state agency in South Carolina that also handles these claims.
Q: When I was an adolescent my mother did therapy with me in our living room. Is it possible to sue for this?
1 Answer
| Asked
in
Criminal Law, Family Law and Legal Malpractice
for
North Carolina
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Amanda Bowden Houser's answer
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something that is 'appropriate'. You say she doesn't get it - neither do I but sadly in today's world of ultra soft sensitive people, I suppose it may be possible. If this is something you feel strongly about,...
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something that is 'appropriate'. You say she doesn't get it - neither do I but sadly in today's world of ultra soft sensitive people, I suppose it may be possible. If this is something you feel strongly about,...
Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline
1 Answer
| Asked
in
Civil Rights and Constitutional Law
for
North Carolina
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Timur Akpinar's answer
As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.
Tim Akpinar
As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.
Tim Akpinar
Q: Can I get a restraining order on my children's father before he gets released from prison.
1 Answer
| Asked
in
Family Law, Child Custody, Civil Litigation and Domestic Violence
for
North Carolina
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Sadly, you likely can but you...
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Sadly, you likely can but you...
Q: I need to sue Woodforest National Bank in Hendersonville North Carolina please contact me at americaninsen87@ail.com
Bruce Alexander Minnick's answer
You will get a vetter response by looking for a lawyer using the Justia search engine on this site.
You will get a vetter response by looking for a lawyer using the Justia search engine on this site.
Q: What are the buyers rights to cancel a proposal for painting services in North Carolina?
Bruce Alexander Minnick's answer
Unless you hire a lawyer to write the painting contactor a letter explaining why they should refund your money, you may have to sue them in a small claims court.
Unless you hire a lawyer to write the painting contactor a letter explaining why they should refund your money, you may have to sue them in a small claims court.
Q: I got property tax on car when I used in Connecticut. From 2003 to 2018. Amount is over $6000.00. How to setie
Bruce Alexander Minnick's answer
This question is confusing as written. It appears you are saying you failed to pay Connecticut personal property tax on your car(s) for the past 15 years, then moved to North Carolina; and now that Connecticut has started dunning you for the taxes, you are asking lawyers how to settle? Is that right? If so, take about $1,500 of the $6,000 you "saved" by not paying your taxes and hire a competent lawyer to negotiate a settlement with Connecticut for you.
This question is confusing as written. It appears you are saying you failed to pay Connecticut personal property tax on your car(s) for the past 15 years, then moved to North Carolina; and now that Connecticut has started dunning you for the taxes, you are asking lawyers how to settle? Is that right? If so, take about $1,500 of the $6,000 you "saved" by not paying your taxes and hire a competent lawyer to negotiate a settlement with Connecticut for you.
Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income
Amanda Bowden Houser's answer
You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide personalized divorce forms that you pretty much just sign & submit for $95 but if you can scrape together $395 there is no question having us do things for you is best. Visit our site at: easyncdivorce.com to...
You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide personalized divorce forms that you pretty much just sign & submit for $95 but if you can scrape together $395 there is no question having us do things for you is best. Visit our site at: easyncdivorce.com to...
Q: What can I do to have my father arrested for committing a serious crime against my wife?
Amanda Bowden Houser's answer
Your story just doesn't add up. If he has stalked her - just go to your local magistrate and swear out a warrant. If you can't get a warrant, odds are it didn't amount to stalking rather than mysterious 'official forces' are conspiring against you. Also, describe events clearly and accurately - it is simply not true that he chased he "all through town" - that simply did not happen. While he may have chased her through some specific portion of town maybe even a significant portion, I assure...
Your story just doesn't add up. If he has stalked her - just go to your local magistrate and swear out a warrant. If you can't get a warrant, odds are it didn't amount to stalking rather than mysterious 'official forces' are conspiring against you. Also, describe events clearly and accurately - it is simply not true that he chased he "all through town" - that simply did not happen. While he may have chased her through some specific portion of town maybe even a significant portion, I assure...
Q: My wife has taken a bunch of my personal items I had before marriage and says I’m not getting them back what can I do
Amanda Bowden Houser's answer
Based on your description, a lot of what you say she has done is likely not legal. According to you she has likely committed perjury to use the court system against you, stolen your personal property, likely committed adultery (which is technically still a crime here in good ol' boy North Carolina) and seems to have basically gotten away with all of it. Further, she seems to think either that there is nothing you can do about it or that you simply won't do anything about it, even to the point...
Based on your description, a lot of what you say she has done is likely not legal. According to you she has likely committed perjury to use the court system against you, stolen your personal property, likely committed adultery (which is technically still a crime here in good ol' boy North Carolina) and seems to have basically gotten away with all of it. Further, she seems to think either that there is nothing you can do about it or that you simply won't do anything about it, even to the point...
Q: Hi, I started working at a IGA store in my town where I noticed I was being underpaid the agreed wage rate.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
North Carolina
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Kirk Angel's answer
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
Q: What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?
Wendy Smith's answer
You need to hire an attorney ASAP to file a custody complaint and prevent the move.
You need to hire an attorney ASAP to file a custody complaint and prevent the move.
Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
North Carolina
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Amanda Bowden Houser's answer
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...
Q: Can you conduct a Summary administration (one real-property asset) in NC if the adult children renounce? (no will)
Charles Evan Lohr's answer
There is likely a better option than summary administration. Feel free to give me a call to discuss.
Evan Lohr
919-348-9211
Evan@lohrnc.com
There is likely a better option than summary administration. Feel free to give me a call to discuss.
Evan Lohr
919-348-9211
Evan@lohrnc.com
Q: If you believe a car malfunction led to your injuries who or what attorney would you try to get for that? Thank you
2 Answers
| Asked
in
Car Accidents and Personal Injury
for
North Carolina
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Ross Diamond III's answer
Depending on evidence in the case, Toyota could be named in the suit. Since you have a lawyer representing you, this is something to discuss with that lawyer.
Depending on evidence in the case, Toyota could be named in the suit. Since you have a lawyer representing you, this is something to discuss with that lawyer.
Q: How can I take control of an abandoned trademark?
Griffin Klema's answer
Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've written a detailed post on how to evaluate abandoned trademarks: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've written a detailed post on how to evaluate abandoned trademarks: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
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