North Carolina Questions & Answers by Practice Area
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- Insurance Bad Faith
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North Carolina Questions & Answers
Q: Can a 17 year old male and 18 year old female get married in the state of NC specifically Richmond co with ltr from 1par
Amanda Bowden Houser's answer
The 17 year old will likely need consent from both parents and hopefully they will not give it - 17 is too young to get married.
The 17 year old will likely need consent from both parents and hopefully they will not give it - 17 is too young to get married.
Q: Was offered a home and job from father. Quit job and moved family 1000 miles only to be fired and denied deed.Estoofe?
1 Answer
| Asked
in
Family Law, Criminal Law and Civil Litigation
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Amanda Bowden Houser's answer
I have no idea what 'estoofe' is. I suspect you mean estoppel but that's about as relevant in the situation you describe as 'estoofe' is. Bottom line you are just going to have to bite the bullet and consult with a local attorney who can review your circumstances in more detail. If you have a case, you will likely need an attorney in the area where all of that took place. Best of luck.
I have no idea what 'estoofe' is. I suspect you mean estoppel but that's about as relevant in the situation you describe as 'estoofe' is. Bottom line you are just going to have to bite the bullet and consult with a local attorney who can review your circumstances in more detail. If you have a case, you will likely need an attorney in the area where all of that took place. Best of luck.
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
1 Answer
| Asked
in
Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Timothy Denison's answer
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
Q: Can NC stipulate who is listed on my child's birth certificate
1 Answer
| Asked
in
Family Law, Child Custody and Civil Rights
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Q: Have been separated for 10 years from estranged husband. Can not find him. What do i need to do to get a divorce.
Amanda Bowden Houser's answer
If you can not locate him you can still get divorced it will just cost more and take longer. So it is to your advantage to find him. Unless he is living off the grid most people can be found in 15 minutes or less by a competent PI. If you can't find him he will need to be served by legal publication - you will need an attorney fir this. Feel free to call us at (910) 333-9679 for more info.
If you can not locate him you can still get divorced it will just cost more and take longer. So it is to your advantage to find him. Unless he is living off the grid most people can be found in 15 minutes or less by a competent PI. If you can't find him he will need to be served by legal publication - you will need an attorney fir this. Feel free to call us at (910) 333-9679 for more info.
Q: I was married in sc. Have lived in nc for 2 years. Do I need to return to sc for divorce or can I file in nc.
Amanda Bowden Houser's answer
You can file in NC as long as you have also been physically separated for at least a year. If the divorce is uncontested, it can also be relatively inexpensive. Our firm does uncontested divorces for a total flat rate fee of $395. Just visit www.easyncdivorce.com to see if our service is a good fit for you.
You can file in NC as long as you have also been physically separated for at least a year. If the divorce is uncontested, it can also be relatively inexpensive. Our firm does uncontested divorces for a total flat rate fee of $395. Just visit www.easyncdivorce.com to see if our service is a good fit for you.
Q: What are the cost for fines and expenses for a dui in New Hanover County
Amanda Bowden Houser's answer
First get the terminology straight - in NC its DWI and what county you are in is pretty much irrelevant. Court cost are $188 through out the state. The fine will vary (often dramatically) by Judge and depending on the circumstances of the case. In terms of expenses, the big one - your attorney, you have some control over because you can determine if you have one or not but when it comes to everything else, be prepared to be nickeled and dimed absolutely to death. A typical level 5 first...
First get the terminology straight - in NC its DWI and what county you are in is pretty much irrelevant. Court cost are $188 through out the state. The fine will vary (often dramatically) by Judge and depending on the circumstances of the case. In terms of expenses, the big one - your attorney, you have some control over because you can determine if you have one or not but when it comes to everything else, be prepared to be nickeled and dimed absolutely to death. A typical level 5 first...
Q: if my name is on the deed as right of surviorship as well as my daugher and her name is on the note - can she sell it
Jake Andrew Snider's answer
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of survivorship can sell their respective interest in the property, but whomever purchases from that person becomes what's known as a 'tenant in common' with the other owner. Essentially, you'll jointly own...
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of survivorship can sell their respective interest in the property, but whomever purchases from that person becomes what's known as a 'tenant in common' with the other owner. Essentially, you'll jointly own...
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider's answer
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should definitely consult directly with a lawyer.
Q: how can you preclude acceptance to just the terms of the offer?
Jake Andrew Snider's answer
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.
Jake Andrew Snider's answer
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a solid lawsuit against her for several claims and damages. To learn more about how to pursue her--and whether it's worth it to do so--you should consult with a civil litigation lawyer as soon as...
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?
Jake Andrew Snider's answer
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a problem.
Getting a solid grasp of this will really require careful analysis by a lawyer experienced with non-compete contracts. I recommend reaching out to one soon.
Q: 5.“Interior”- within... exterior walls; under roofing materials; above basement floor or home’s slab
1 Answer
| Asked
in
Contracts and Insurance Bad Faith
for
North Carolina
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Jake Andrew Snider's answer
I'd love to help you out, but unfortunately without more context you're question cannot really be answered. I assume this is part of a policy you are trying to understand? If so, these policies are even difficult for practiced attorneys! You should consider reaching out to an insurance claim lawyer in order to have them analyze this and give you their take. Best of luck.
I'd love to help you out, but unfortunately without more context you're question cannot really be answered. I assume this is part of a policy you are trying to understand? If so, these policies are even difficult for practiced attorneys! You should consider reaching out to an insurance claim lawyer in order to have them analyze this and give you their take. Best of luck.
Q: Can I sue developer for not completing front yard drainage a year later?
Jake Andrew Snider's answer
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing drainage could interfere with. Of course, you'll need to weigh the cost of filing suit against the cost of simply paying to install the drainage yourself.
Determining the viability and value of your...
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing drainage could interfere with. Of course, you'll need to weigh the cost of filing suit against the cost of simply paying to install the drainage yourself.
Determining the viability and value of your...
Q: how old do i have to be to choose which family character to have custody of me in north carolina?
Amanda Bowden Houser's answer
You do not get to choose who has custody of you. As you get older, your opinion may be taken into consideration and who you prefer may end up being selected but it will never be your choice. If you want to live with your dad, he will likely need to be the one to start that legal process unless your grandfather will consent.You may have to deal with it until you turn 18 at which point you can make your own life decisions. Best of luck.
You do not get to choose who has custody of you. As you get older, your opinion may be taken into consideration and who you prefer may end up being selected but it will never be your choice. If you want to live with your dad, he will likely need to be the one to start that legal process unless your grandfather will consent.You may have to deal with it until you turn 18 at which point you can make your own life decisions. Best of luck.
Q: I am trying to find out how to change my 2 year Olds name to mine .
Amanda Bowden Houser's answer
Your reasoning is valid however, unless the father;s parental rights have been terminated (which should not happen after only 2 years), you don't get to make that decision and will likely need either the father's consent or an order from a Judge. Consult with a local family law attorney who can go over your circumstances in more detail and provide you with your options. Best of luck.
Your reasoning is valid however, unless the father;s parental rights have been terminated (which should not happen after only 2 years), you don't get to make that decision and will likely need either the father's consent or an order from a Judge. Consult with a local family law attorney who can go over your circumstances in more detail and provide you with your options. Best of luck.
Q: I received a ticket for following too closely. I payed the fine not knowing that it meant pleading guilty, what can I do
Amanda Bowden Houser's answer
It ought to be intuitive but it says right on the ticket that paying it will be an admission of guilt. However, you may be able to consult a local traffic attorney and have a motion done to re-open the case. Doing that will likely cost a crap ton more than just hiring a traffic attorney in the first place but it will be cheaper than paying the insurance increase. In the future, don't pay off traffic tickets - get the cheapest traffic attorney you can find and let them handle it for you.
It ought to be intuitive but it says right on the ticket that paying it will be an admission of guilt. However, you may be able to consult a local traffic attorney and have a motion done to re-open the case. Doing that will likely cost a crap ton more than just hiring a traffic attorney in the first place but it will be cheaper than paying the insurance increase. In the future, don't pay off traffic tickets - get the cheapest traffic attorney you can find and let them handle it for you.
Q: If my soon to be ex-wife has custody of my kids and I have supervised visitation and she suddenly agreed to let me have
Amanda Bowden Houser's answer
A simple notarized statement from her that she is giving permission for you to keep them during the summer should suffice.
A simple notarized statement from her that she is giving permission for you to keep them during the summer should suffice.
Q: a car hit me from behind , I have a ticket for driving with expired license but the paper had aunts name on it and info
Peter Munsing's answer
Was your license expired? Then pay the fine and get a new license. Other guy is still at fault if they hit you from behind. If you were hurt contact a member of the NC Assn for Justice--they give free consults.
Was your license expired? Then pay the fine and get a new license. Other guy is still at fault if they hit you from behind. If you were hurt contact a member of the NC Assn for Justice--they give free consults.
Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?
1 Answer
| Asked
in
Bankruptcy, Employment Law, Civil Rights and Collections
for
North Carolina
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Timothy Denison's answer
If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.
If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.
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