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North Carolina Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Support and Business Law for North Carolina on
Q: Legal options in divorce: alimony, property division, child support and house rights?

I've been married for 17 and a half years and have a 16-year-old child. I recently discovered my husband is cheating, and he has admitted to it. He left the house three weeks ago and wants a divorce. We jointly own a house, but there is no prenuptial or postnuptial agreement. Initially, he... View More

Angela L. Haas
Angela L. Haas
answered on Jul 9, 2025

You've done a great job laying out some very important facts about your family relationship, and what you believe your husband is willing to agree to. To answer your question: based on what you've stated, it doesn't sound like he has any grounds to kick you out of the house.... View More

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2 Answers | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Do I need to pay for copyright when hiring someone for schoolwork using pre-existing materials without a contract?

I am paying someone to complete a worksheet using pre-existing materials, and there is no written contract between us. I'm concerned about copyright infringement. Do I need to pay for copyright in this situation?

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

First, copyright and plagiarism are not the same thing. Keep that in mind. Plagiarism is an academic concern, whereas copyright is a legal concern. Lawyers do not concern ourselves with plagiarism. You would have to consult your academic institution to determine what would be required to avoid... View More

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3 Answers | Asked in Bankruptcy for North Carolina on
Q: What's the cost to file for Chapter 13 bankruptcy in NC?

I'm planning to file for Chapter 13 bankruptcy myself and I'm curious about the upfront fees required in this process. I haven't consulted with any bankruptcy attorneys yet, and I'm looking for general estimates or information on costs.

Martha Warriner Jarrett
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answered on Jul 3, 2025

Check the Bankruptcy Court's website (uscourts.gov) for a list of filing fees. The initial filing fee is the only fee for filing a chapter 13. In addition, there is a mandatory credit counseling course that you must take within the 6 months prior to filing any bankruptcy case. A list of... View More

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for North Carolina on
Q: How to expedite USCIS decision on green card application after submitting substitute sponsor evidence?

In January 2025, I filed an application for adjusting my immigration status to become a green card holder. In February, USCIS requested a substitute sponsor, and I submitted the evidence in March 2025. Despite a phone call to USCIS, I have not received any further updates. What steps can I take to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 2, 2025

There is nothing uncommon about the delay in any type of response. As long as you have proof that they received it, you shouldn’t worry. In some of my cases, the delay between a submission response to a request for evidence and any kind of activity on the case file can sometimes be over 10 or 11... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Carolina on
Q: How can I legally remove a squatter from my attic and address their unauthorized construction?

I've had a squatter living in my attic for two years who has built an apartment structure. I frequently hear them talking, especially on weekends and Wednesdays. The squatter has stolen food, clothes, house keys, and car keys from me. Despite having the fire department check, they... View More

Anthony M. Avery
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answered on Jun 24, 2025

Hire a NC attorney to file an action for possession. You personally may be able to file criminal theft charges also, but you will need personal knowledge. You may have to break open the locked area, but do not get in an argument or fight in doing so. Make sure you have fire insurance. Get... View More

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2 Answers | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Legal grounds for undisclosed mechanical issue after car purchase in NC.

I purchased a car from a dealership on October 11, 2024. Four days later, I discovered it had a misfire issue. At the time of purchase, I received a Carfax report that showed only basic maintenance and was informed the car was sold "as is." When I took the car back to the dealership, they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 16, 2025

You are unlikely to win. There is no "lemon law" for used cars and you really have no proof that they actually knew about the issue. The fact they chose to repair the issue is not an admission of fault. Even if they did know, the fact they sold the car "as is" covers them. It... View More

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4 Answers | Asked in Car Accidents and Personal Injury for North Carolina on
Q: What is a fair settlement after being hit by a driver running a red light causing personal injuries and lost wages?

I was hit by a driver who ran a red light, resulting in damage to my vehicle and personal injuries. I've been to urgent care, prescribed pain medication and muscle relaxers, and have had X-rays that cost $370. I was referred to a chiropractor for a 4 to 6-month course, but haven't started... View More

Mary Frances Parker
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answered on Jun 12, 2025

The answer will depend on your medical bills. You need to keep a good record of your day-to-day recovery and records of your lost wages. In a personal injury suit you are entitled to recoup your medical expenses and an amount for your pain and suffering but the later can vary greatly from... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: Can I sue for negligence after sinus surgery left materials inside?

After undergoing sinus surgery, I experienced months of persistent infections. It was eventually discovered through a CT scan that remnants of posisep and silastic stent material were left inside my sinuses. The surgeon did not inform me beforehand that materials might be left behind, and over a... View More

Mary Frances Parker
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answered on Jun 2, 2025

Like many legal questions the answer is maybe. The first requirement is to have another medical professional with a similar speciality or practice to say that your doctor breached the relevant standard of care. Once that had been satisfied you must show that you have suffered damages- I.e. pain,... View More

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2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Unexpected bill increase for lawnmower purchase from Home Depot

I purchased a lawnmower from Home Depot, and nobody mentioned it was part of a promotion until after my purchase. I've now received a bill that is almost double the purchase price after paying on it for two years. I wasn't given any details about the promotion at the time of purchase, and... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 13, 2025

I'm assuming this was made using a Home Depot credit card that they issued to you. In order to win your argument, you would have to prove that you received monthly billing statements that had no disclosure about the promotional rate. You would also have to prove you did not sign something at... View More

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2 Answers | Asked in Criminal Law for North Carolina on
Q: How to keep a first-time shoplifting citation off my record in NC?

On April 24, 2025, I unboxed an ink cartridge and concealed it in my purse, resulting in receiving a citation for shoplifting merchandise valued at $47.95. This is my first offense, and I have never been in trouble with the law before. I have independently enrolled in a four-hour theft prevention... View More

John D. Pritchard
John D. Pritchard
answered on May 11, 2025

I practice in Haywood semi-regularly, and the ADAs in District Court are reasonable. The class you took was a smart idea and may help you get the result you want. I don't think they are likely to expend any further resources on this type of crime in the way of the diversion programs you... View More

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2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Can I sue a private vehicle seller for not disclosing a salvage rebuilt title?

I recently purchased a used vehicle from a private seller about 3-4 weeks ago. The seller informed me of a past accident and showed me a picture. I signed a handwritten statement acknowledging the purchase of the vehicle “as is.” However, the seller did not verbally disclose that the vehicle... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 6, 2025

You can always sue. The question is, will you win and if so, how much. Even if you do win, will you ever be able to collect. I am doubtful that this is a case worth pursuing. If the title he signed over to you was a salvage rebuilt title, the fact that you acknowledged the sale was "as... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for North Carolina on
Q: Can a hotel keep my belongings if I'm not responsible for a friend's debts?

I was staying at a hotel with a friend who was arrested and has an outstanding balance with the hotel. The hotel is now keeping my belongings, even though I am not responsible for my friend's debts. I've tried to retrieve my belongings, but they have not been returned to me. Can the hotel... View More

Patrick A. Twisdale
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answered on May 4, 2025

In North Carolina, a hotel (or “innkeeper”) does have certain rights under state law to hold a guest’s property for unpaid charges through what’s known as an innkeeper’s lien. However, that lien applies specifically to the property of the guest who owes the debt. The hotel generally does... View More

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2 Answers | Asked in Car Accidents, Probate, Wrongful Death and Personal Injury for North Carolina on
Q: Why is the other party opening an estate for my deceased husband, and am I liable for anything?

My husband was involved in an automobile accident while driving his company car and died on the scene. The other driver did not die but suffered non-life-threatening injuries and a total loss of their $100,000 truck. The police report did not state that my husband was at fault, although it... View More

Nina Whitehurst
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answered on May 1, 2025

The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a... View More

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2 Answers | Asked in Criminal Law and Internet Law for North Carolina on
Q: Will changing my Microsoft account phone number, after my devices were seized by police, cause trouble?

Law enforcement confiscated my phone, laptop, and Xbox One due to a warrant related to accessing illegal sites and having illegal photos on Google Photos. They specifically asked for my phone password, and I don’t recall providing my laptop password. Would I face any legal issues if I change the... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 29, 2025

This depends on whether there are any court orders or bail conditions that may prevent you from accessing digital devices. If not, and If you need to change your phone number to regain access to your Microsoft account, you are entitled to do this. Although your devices may have been seized, this... View More

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3 Answers | Asked in Bankruptcy and Small Claims for North Carolina on
Q: Can I take someone to small claims court if they've filed for bankruptcy in NC?

I'm considering taking someone to small claims court for damages related to carpentry work that was done incorrectly. The individual has filed for bankruptcy, which is still ongoing. I have tried to resolve the matter outside of court but have not interacted with the bankruptcy trustee. Can I... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 9, 2025

Absolutely not. That would be a violation of the automatic stay. Chances are highly likely that your claim will be subject to the discharge injunction when the bankruptcy is closed, so you cannot sue them after the bankruptcy is over. Do not sue and do not contact the person demanding payment. If... View More

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2 Answers | Asked in Probate and Banking for North Carolina on
Q: How to access a deceased uncle's unclaimed US bank account after 20 years?

My deceased uncle has a bank account with Bank of America in the US, which has been unclaimed for 20 years. I am helping my cousin, who cannot speak English well, to address this matter. My cousin has a single bank account document but hasn't reached out to Bank of America yet. We are unsure... View More

Angela L. Haas
Angela L. Haas
answered on Apr 27, 2025

Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More

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2 Answers | Asked in Antitrust and Business Law for North Carolina on
Q: Is Kaplan's exclusivity agreement with universities an antitrust violation?

I am concerned that Kaplan Test Preparation's "All Access" program, which provides free test preparation courses to university students in exchange for the universities’ agreement not to introduce competitors, constitutes a monopoly over certain universities. This exclusivity... View More

Patrick A. Twisdale
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answered on Apr 23, 2025

Exclusivity agreements, where a buyer agrees to purchase only from a particular seller for a set period of time, are a common form of nonprice vertical restraint and are not per se unlawful under U.S. antitrust law. Courts analyze such arrangements under the rule of reason, weighing both their... View More

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2 Answers | Asked in Consumer Law, Small Claims, Products Liability and Personal Injury for North Carolina on
Q: Seeking legal advice for faulty car repairs and compensation from dealership in NC.

I have a legal issue with Ilderton Dodge in High Point, NC, where faulty parts were installed in my Dodge Journey, leading to a blown head gasket. The installation occurred in June 2024, with several subsequent visits failing to resolve the problem. By January 2025, after a second opinion and... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

For the issues you are facing with Ilderton Dodge in High Point, NC, it would be prudent to consult a consumer protection attorney or a lawyer specializing in automotive law. These legal professionals are well-versed in handling cases involving faulty product installations, warranty disputes, and... View More

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2 Answers | Asked in Business Law, Civil Litigation and Real Estate Law for North Carolina on
Q: Does our HOA have a fiduciary duty to enforce rules to maintain our community's private status?

I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

In North Carolina, homeowners' associations (HOAs) have a fiduciary duty to act in the best interest of the community, which includes enforcing rules and regulations that are established by the residents or the governing documents. This duty is generally derived from the governing documents of... View More

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3 Answers | Asked in Employment Discrimination, Civil Rights and Employment Law for North Carolina on
Q: Can I take legal action against my employer for harassment about my sexuality?

I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

Kirk is completely correct in his answer. Just providing a little additional color.

In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination...
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