Get free answers to your Civil Litigation legal questions from lawyers in your area.
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 
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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
I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More
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answered on Apr 24, 2025
If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:
Document Everything: Keep records of all communications with the advisor, including emails,... View More
I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More
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answered on Apr 9, 2025
If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More
I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge.... View More
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answered on Apr 8, 2025
You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for... View More
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More
answered on Mar 12, 2025
No, there is no "form". I have answered your question before a few weeks ago, and an out of state lawyer provided a thoughtful answer. If you refuse to file bankruptcy you need to hire an experienced attorney to help you, this is too difficult a Motion to attempt to do on your own. A... View More
I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All... View More
answered on Mar 10, 2025
Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.
And a pleading almost certainly triggers a court hearing.
On top of that, most lawyers will... View More
I sent $8,200 to Liaz Legacy Solutions LLC in Statesville, NC, for a service, but they never provided the service and have been giving me the runaround. They mailed me back a copy of the cashed check, and the compound interest is now $200. The transaction occurred on 10/24/2024. I want to sue them... View More
answered on Feb 27, 2025
You can sue them in small claims court in Iredell County or any other county where they do business. This is a corporation so you will need to go to the Secretary of State's office and get their registered office and registered agent for service.
You will not be able to recover... View More
I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business.... View More
answered on Feb 26, 2025
On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.
You best see a... View More
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More
answered on Feb 25, 2025
Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More
I am a plaintiff in North Carolina. A month ago, I dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involves four counts: Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. I plan on refiling the case as Pro Se and intend to... View More
answered on Feb 22, 2025
If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.... View More
A woman from another nation offered $200,000 to two people in my church, with a requirement of paying $1,500 upfront. We each complied, and while others received their money, she is refusing to send me the $200,000. We have a written agreement. I've threatened to expose her on social media.... View More
answered on Feb 22, 2025
"From another nation"? Are you saying you were a victim of an online scam? If so, Your best option is to report the issue to law enforcement. If law enforcement says this is a civil act, then they wll not accept the case. Exposing this person on social media will only lead to this person... View More
I have a judge’s order from an administrative law judge for attorney fees in a civil rights case. I found out this administrative judge does not have the power to award, but I filed a Chapter 7 bankruptcy. Now the attorney is stating the fees are being challenged to avoid the bankruptcy. My... View More
answered on Jan 14, 2025
We cannot answer this question without more information. I assume the attorneys fees were awarded against you. You did not give us any description of what specific civil rights violation you were found liable for (what the ALJ found that you did). Certain debts are not dischargeable in bankruptcy,... View More
I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More
answered on Dec 13, 2024
A North Carolina attorney could advise best, but your question remains open for three weeks. You should be able to remedy this without attorneys. Keep trying to reach them on the phone. It looks like this mix-up resulted limitations in clear communication because of the chat session. Over the... View More
answered on Aug 29, 2024
You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More
answered on Aug 22, 2024
A North Carolina attorney could answer best, but your question remains open for two weeks. It could depend on what damages were incurred as a result of improperly honoring the POA. It would be fact-specific. It could also be a jury's call as to what a "reasonable person" standard... View More
Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More
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answered on Jun 15, 2024
It sounds like you're in a tough spot with your ex-girlfriend regarding the house sale. Since you're both on the deed, she has a claim to the property, but your situation is unique because you've shouldered the financial burden alone.
To address this, gather all your... View More
Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More
answered on Jun 13, 2024
You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.
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answered on Jun 14, 2024
First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.
Consider transferring assets to family... View More
answered on Jun 10, 2024
A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More
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