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North Carolina Questions & Answers

1 Answer | Asked in DUI / DWI and Probate for North Carolina on

Q: What is the punishment for defrauding a urinalysis for the court system I am on probation and got caught.

Amanda Bowden Houser answered on Aug 21, 2019

It will be a violation of your probation at least. Consult with a local criminal law attorney who can review your situation in more detail and provide you with options. Best of luck.

1 Answer | Asked in Divorce for North Carolina on

Q: I filed divorce in Wake Country and my ex filed a 30 day extension but never responded after that.What do I do now?

Amanda Bowden Houser answered on Aug 21, 2019

You should have hired an attorney - it likely would have been cheaper and you wouldn't have had to bother schlepping to court or dealing with surprises. Typically, in Wake county if the 30 day extension has expired, you will likely need to file a Motion for Default Judgment (also called a Motion... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on

Q: I will be filing next year bankruptcy and I was wondering if I should move money in the bank to an IRA since IRA's are

exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.

Timothy Denison answered on Aug 20, 2019

No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.

1 Answer | Asked in Traffic Tickets for North Carolina on

Q: If someone rolls back into your car at a stoplight on a hill who is at fault?

Amanda Bowden Houser answered on Aug 20, 2019

The person rolling back is typically at fault. However, if they chose to lie and say you hit them, you will have a difficult time proving otherwise without dash cam or other video evidence or at least witness testimony. Years ago when auto insurance fraud was more prevalent, fraudsters would back... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on

Q: Hello I did speak with an attorney and was told IRA's are exempt.

Clark Dray answered on Aug 20, 2019

I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on

Q: I am considering bankruptcy and have money in the bank , should I move the money to an IRA account prior to filing ?

I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.

Clark Dray answered on Aug 20, 2019

No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put you in a... Read more »

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1 Answer | Asked in Car Accidents, Civil Litigation and Lemon Law for North Carolina on

Q: A dealer wiped the error codes from a car we were looking to buy, claiming it was perfectly functioning.

He also claimed it wasn’t in a collision . A pre purchase inspection found it was falling apart, many codes hidden, and there was evidence of it having been in a collision. Is this legal in NC?

Peter N. Munsing answered on Aug 20, 2019

No, it violates federal and likely state laws. If someone bought it they need to contact the consumer division of the AG's office.

1 Answer | Asked in Divorce for North Carolina on

Q: Can a divorce lawyer in NC handle a divorce from Massachusetts?

Wife with parents in Chapel Hill, NC, but husband and home is Massachusetts.

Amanda Bowden Houser answered on Aug 20, 2019

If the divorce is done in North Carolina - yes. If the divorce is done in Massachusetts then no, unless the attorney is also licensed there but even in that case travel with likely be cost prohibitive expense. If you expect the divorce to be uncontested and wife has resided in NC for at least the... Read more »

1 Answer | Asked in Construction Law for North Carolina on

Q: How much of a warranty do home builders have to provide on newly constructed homes?

We purchased a home that was completed in Mar 2018 in January 2019. Although it is a new home, we are the second owners. So we purchased it from the original owner and not the construction company. Because of this, we were told they would not extend the 1 year builders warranty to us, and it... Read more »

Paige Kurtz answered on Aug 19, 2019

It will depend on the original contract between the homeowner and the builder as to what warranties exist. Any issues that arise that are a result of faulty construction could potentially be brought against the builder within six years of the original work. Your contractor is probably thinking of... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on

Q: charged with dwi over an hour after wreck into woods, charged 1-1/2 hours later at bar over 1 mile away. blew 0.13

was at bar drank "a beer", i did not even finish it, left bar about 12:45am. I was kinda irritated, so i was driving a little on the fast side, coming around a corner i failed to maintain control as the rear end of the car i was driving started to slide in to the turn. the back wheels left road as... Read more »

Amanda Bowden Houser answered on Aug 18, 2019

Basically, if you kept your mouth shut when you were arrested and made no statements - you'll likely get off. If you flapped your hole to law enforcement like most people do - you will likely be convicted. So go consult with a local DWI attorney in the county you were charged in.

1 Answer | Asked in Contracts for North Carolina on

Q: I am a co leesee on an automobile. Do I have any rights? I'm in North Carolina

Paige Kurtz answered on Aug 15, 2019

As a co lessee you have all the the same rights as the other lessee.

2 Answers | Asked in Immigration Law for North Carolina on

Q: Me and my fiance got married under a k1 visa but she left the us because we thought she had to wait back in her country.

She came back to her country because we thought she had to wait for her travel permit there, now im trying to bring her back im an Active duty Us Marine

Allen C. Ladd answered on Aug 15, 2019

Contact www.AILA.org, American immigration lawyers Association, which has a military assistance project. You may qualify for free assistance by volunteer Immigration lawyers.

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1 Answer | Asked in Criminal Law for North Carolina on

Q: I got in a fight last year and I pressed charges on the person and they just now having court now this years is it any

Way I can get the charges dropped

Gary Kollin answered on Aug 14, 2019

You can contact the prosecutor and ask

1 Answer | Asked in Bankruptcy and Consumer Law for North Carolina on

Q: I received a check for $500 as a gift from a friend that I know just went through bankruptcy.

The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?

Timothy Denison answered on Aug 14, 2019

No.

1 Answer | Asked in Bankruptcy for North Carolina on

Q: Can a mortgage company buy a discharged unaffirmed mortgage and start reporting it to the credit bureaus?

We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... Read more »

Timothy Denison answered on Aug 14, 2019

Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.

1 Answer | Asked in Family Law for North Carolina on

Q: My husbands ex is preventing visitation

She moved to NC 2 months ago. We live in Florida, he has lived here since the divorce was finalized. She has physical custody, they have joint custody. The decree says they will agree on visitation, however since we got married she is now not agreeing to any visitation unless he comes to NC alone... Read more »

Amanda Bowden Houser answered on Aug 14, 2019

Your husband needs to hire a family law attorney where the children reside and have the ex put in her place.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on

Q: I sold a camper using Craigslist, I was paid in full. The buyer did not take the title and has not come back

It has been well over one month. They have not contacted me and I cannot reach them on the number they provided. They had originally planned to bring me a cashier's check and pick up the trailer and title that day but instead paid by personal check. They were supposed to come back on the weekend,... Read more »

Bruce Alexander Minnick answered on Aug 14, 2019

One month is NOT enough time. FYI: Most Americans have "put things on layaway" for more than a month. Whatever your obligations may be they do not include selling the camper again--at least not until you have truly exhausted all possible ways to locate the honest buyer. Go get a copy of his... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on

Q: Going 94(In urgency to restroom) in a 70. asked me to appear in davie county court, nc. what r the outcomes & solution.

Amanda Bowden Houser answered on Aug 13, 2019

What ever you do please do not go to court yourself and mention that you endangered other people going 24mph over the speed limit because you had to go to the bathroom - or you likely will really not like the outcome. Your best bet is to hire a traffic attorney. We can represent you there for a... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: my father has dementia can I find out if he has a living will and poa

he got sick today had to go to hospital

Angela L. Haas answered on Aug 13, 2019

You could check with the Register of Deeds Office to see if he recorded his Durable POA; however, his physician will have to check with the Secretary of State's Office to see if he registered a Living Will or Health Care POA

1 Answer | Asked in Family Law for North Carolina on

Q: My husband abandoned me 8 months ago taking our RV. The RV is registered in both names. I called regarding the insurance

RV was relisted w/o my name & address on insurance and property tax address was chgd. My name is still on registration.Live in home with both names & he chgd address on property taxes of home also.Doesn't want Separation papers cause doesn’t want to pay alimony. I’m on Disability.is what... Read more »

Angela L. Haas answered on Aug 12, 2019

You'll need to file an action for equitable distribution and/or alimony, to force him to return the property or pay you for your share of the property, in addition to paying alimony (if applicable). Consult with a family law attorney regarding your options. Your options will vary, depending on... Read more »

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