North Carolina Questions & Answers

Q: How can i get my husband to return to the india and honor the legal proceedings against him.

1 Answer | Asked in Divorce for North Carolina on
Answered on Apr 26, 2017

To determine whether or not you'll be able to compel your husband from NC back to India, you'll need to consult with an attorney licensed to practice in India.

You can, however, still file suit against him in NC. Based on your description, it seems like you should contact 2-3 family law attorneys in NC to find one you'd like to work with going forward.
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Q: Civil summons for credit card debt. Do not know what to do. Will lose job if garnishment. What do I do

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Answered on Apr 26, 2017

Contact 2-3 attorneys in your state with creditor-debtor law and civil litigation experience. Describe your situation and ask how they can help. Hire the attorney with whom you get along the best and trust.
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Q: Can I get out of court appearance in NC?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Apr 26, 2017

There was no fine listed because this isn't the type of ticket you can just 'pay off'. 20 mph over the limit may not be a big deal in NJ but in good 'ol boy NC - you got yourself a criminal traffic citation. So your best course of action is to hire a traffic attorney to handle things for you. If your address is correct on your ticket, you will likely get a crap ton of letters from traffic attorneys just itching to help you. While 20 over is a serious ticket, you don't need F. Lee Bailey so...
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Q: In North Carolina, is it legal for an RN, to diagnose a staff member with a mental illness?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Apr 24, 2017

The Social worker is violating ethical rules; nurse shouldn't be spreading it around,but not illegal.Just tacky.
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Q: Subrogation claim after uninsured car accident?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Contracts for North Carolina on
Answered on Apr 24, 2017

If the her is your girlfriend, then you can go legal or realism. Realism is if you don't have the money now you won't be able to pay her back. Secondly, has the case gone to judgment? Depending on the amounts bankruptcy is an option. Another issue is what you got for signing it. If it lacked "consideration" or some benefit to you, you may have a voidable contract. However, a lot depends on what you signed. At this point you really need to at least get a consultation with a lawyer, face to face....
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Q: In my grandmas will she didnt list my mother she adopted at 3 as one of her children. Is she still entiled something?

1 Answer | Asked in Adoption, Family Law and Probate for North Carolina on
Answered on Apr 24, 2017

An attorney would have to review your grandma's will before making this determination.
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Q: My sister is my dad's POS and the ezecutor for his estate. He moved to a assisted living yesterday. S

1 Answer | Asked in Family Law, Elder Law and Probate for North Carolina on
Answered on Apr 23, 2017

If that is your dad's wish, then yes, she can carry it out. If your dad does NOT want the remainder of his belongings divided then no. As power of attorney she can do whatever he could, but she cannot act against his wishes.

In the grand scheme of things, if he has the property with him in the nursing home that he wants, this is not ON ITS FACE improper or illogical. BUT what your dad wants is the first consideration. If you aren't sure what to do, I'd suggest you consult with a local...
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Q: A prospective employer wants me to sign a non-compete contract for 2 years 350mile radius after I leave the company.

1 Answer | Asked in Employment Law for North Carolina on
Answered on Apr 20, 2017

The Courts analyze a covenant-not-to-compete with respect to reasonableness. They will take into account both the length and geographic breadth of the covenant. However, you do a right to make a living.

The two year length may be a bit long given the situation proposed. But it is not out of the question. Also a 350 mile radius would probably be found to be reasonable.

The issue is the Internet. Courts are mixed. Some Federal Courts in certain cases have found that a...
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Q: Who has copyright ownership of written work posted on a blog when it is a site that involved multiple people?

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Answered on Apr 20, 2017

Works are copyrighted to producer of the work. So in this case, the removed work is still under your copyright. However, one has to look for two issues which might have transferred the copyright. If you perform a "work-for-hire" for a company, another person, etc. then although you have the copyright, it will cede to whomever paid for the work (in most cases). Also, you would need to look at any documents or notices on the website that submission constitutes a transfer of copyright....
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Q: How is property division calculated/split if we owe the bank and we are selling the home?

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Apr 20, 2017

Who says he has to get half? If you are working out a division yourselves you can calculate it anyway that seems fair to you and that you can both agree on. Anything that you can't agree on the Court can decide but if you really think about it having the Court involved in your personal business is usually not a smart thing to do. Basically all you are doing is hiring and paying strangers often large amounts of money to decide things you could decide yourselves for free. Best of luck.
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Q: Can I file for divorce if, while we were separated he had a sexual relationship and now has a child by this young lady?

1 Answer | Asked in Divorce for North Carolina on
Answered on Apr 19, 2017

NC is a no fault state, what he did while separated or otherwise is irrelevant to divorce - in other words, you do not need 'grounds for a divorce' in NC. If you either of you meet the eligibility requirements, you are both entitled to a divorce and there isn't squat all either of you could legally do to prevent it. In NC, you need one year of physical separation (not living together in the same residence) AND one of you must have resided in NC for the 6 months prior to filing for divorce....
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Q: If a seller knowingly does not disclose info on the Disclosure form does the current owner have any recourse?

1 Answer | Asked in Real Estate Law and Environmental for North Carolina on
Answered on Apr 19, 2017

The first step is to contact the seller through your realtor and explain the situation to look for an equitable solution first. In case you decide to sue, you have to start out by going after every single party involved, then different parties will be removed as they're exonerated. Good luck.
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Q: If one party in a divorce delays equitable distribution can current market value of home be used?

1 Answer | Asked in Divorce for North Carolina on
Answered on Apr 18, 2017

You need to discuss this with your NC divorce attorney. Your divorce decree should have specified the financial terms for the distribution of assets, sale of the home, etc. If you don't have NC attorney, then use the Find a Lawyer tab to consult with one to review your divorce documents and advise you.
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Q: If I have a no operators license ticket that is 15 yrs old. Will it still show in the system?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Apr 18, 2017

It is very likely.
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Q: My parents bought a beach house NC I have 2 siblings I know that one will want to sell.Can it be left to one child?

1 Answer | Asked in Probate for North Carolina on
Answered on Apr 17, 2017

Your parents can do whatever they want with their property including leaving it to a church or a favorite neighbor. There is no 'requirement' in law that they leave it to their three children.

If you want it, and your parents want to give it to everyone, be prepared to 'buy out' your siblings' share of the property. If your parents want to do something different, they will need to seek the help of a local probate / estate planning attorney to insure their wishes are carried out as they...
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Q: Dad died in 2016. His will says the home is mine but his wife has lifetime rights to live there.What happens to the deed

1 Answer | Asked in Probate for North Carolina on
Answered on Apr 16, 2017

If she is the executor and claims she doesn't know, she needs to get a local attorney to help her ASAP. The deed needs to be transferred from your father's name to whomever the will states and in whatever form it requires. The will hasn't been 'probated' if these things are still undone.

YOU also need to talk to a local real estate attorney to determine what your rights and responsibilities are. I won't go into details because it is unclear exactly what form (if any!) your 'remainder'...
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Q: I received a ticket in March for speeding, 70 in a 55. And I just received another one today, but it wasn't my fault?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Apr 15, 2017

Speeding is not an intent crime so 'fault' is irrelevant. Just hire a local traffic attorney and watch your speed in the future.
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Q: I've gotten into a car accident in my company van. I was driving without a licence, and the van was not inspected.

1 Answer | Asked in Car Accidents for North Carolina on
Answered on Apr 14, 2017

Not sure if you mean a company you own or a company that hires you. If there is no insurance on the vehicle and you have none, your license could be suspended, for starters. You would be responsible for the other person's injuries. Worth getting a consultation from a lawyer.
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Q: Would a driver operating a car without a license plate be liable for a collision if not at fault for the collision?

1 Answer | Asked in Car Accidents and Civil Litigation for North Carolina on
Answered on Apr 14, 2017

No. Them not having a license doesn't mean it's open season. They should contact a member of the NC Assn for Justice--they give free consults.
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Q: i am an app developer and need representation. I know that certain companies are interested in my apps.

1 Answer | Asked in Business Formation, Contracts, Copyright and Patents for North Carolina on
Answered on Apr 14, 2017

There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3 attorneys to find one with whom you get along and trust.

I encourage you to learn more about my practice at www.BlacktonLaw.com and contact me if you'd like more information.
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