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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Traffic Tickets for North Carolina on
Q: Does North Carolina have a law about opening and closing vehicle doors?

I have seen states like Rhode Island, South Carolina, Washington with a law about opening motor vehicle doors.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 11, 2019

If you open a car door into a traffic lane and it gets hit it is your fault as you have the duty to make sure it is safe to open you car door.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I get help in terminating an adult guardianship?
Charles Evan Lohr
Charles Evan Lohr answered on Nov 7, 2019

You can file a petition in the special proceedings division of the clerk of superior court who has jurisdiction of the case.

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for North Carolina on
Q: My question is regarding an insurance policy in which my company denied a payable claim due to policy wording issue.

I have provided all info needed, surgical notes, etc. and they still refuse to pay. I have filed my appeal and am close to going public with this ordeal. This is for a cancer policy. In addition, I have recorded conversations with this company where false information and excuses have been given... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A North Carolina attorney could advise best on this, but your question remains open for two weeks. Dealing with the matter privately or publicly is up to you. Check the wording in the application for the appeal, particularly in terms of whether the determination of the appeal panel is binding.... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Traffic Tickets for North Carolina on
Q: Is there a law about tacking on late fees for a speeding offense
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 22, 2019

Of course. You don't think you get to blow off a ticket without bad things happening - do you?

2 Answers | Asked in Civil Litigation for North Carolina on
Q: Can you file criminal charges on someone falsely accuse you of drug dependence ?
Tim Akpinar
Tim Akpinar answered on Aug 23, 2019

Ordinarily, such an accusation would be considered a civil wrong. If verbal, it is slander. If it is in writing, it is libel. You could consult with an attorney who handles defamation cases, but keep in mind that such civil tort cases are not necessarily handled on a contingency basis the way... 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
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 Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed

I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.

Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find...
Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I have a writ of execution filed by the court against me in florida. I now live and homesteaded in North Carolina.

Both my wife and I are on the deed. No writ is against her. Is our home safe from florida writ? We have 2 vehicles with no lein, both our names on titles. Can they be siezed?

We appreciate your time. Thank you

Angela L. Haas
Angela L. Haas answered on Jun 12, 2019

Your home is safe, so long as it is titled as "tenants by the entirety". Your vehicles could potentially be seized, if you have not properly exempted them. Contact a Florida attorney regarding Florida's exemptions process.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for North Carolina on
Q: Can I be sued civilly for a debt to wachovia bank from 2009?

I recieved a call from a person claiming to be a part of 'Larkin mediation'. He said that I owed wachovia bank 100$ back in 2009 and that If I do not settle for 400$, I will be served and brought to court for over 2000$. When I searched their phone # I get no results for a business. They have not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

This is a scam. Ignore these scammers.

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on
Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3 children.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for North Carolina on
Q: Can I sue my wife's employer after undue emotional distress after having an affair with one of her direct employees. NC

My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have emotional... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 24, 2019

You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... Read more »

1 Answer | Asked in Banking, Civil Litigation and Small Claims for North Carolina on
Q: Help with bank levy

I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2019

This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Q: Can I get a restraining order on my children's father before he gets released from prison.

I never filed charges on him prior to his incarceration.

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 17, 2019

Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for North Carolina on
Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 3, 2019

You think you get to just roll thru another state and violate their laws? Really? Why limit it to your window tint? Why don't you go as fast as you want as well? I mean, how can they enforce speed limit laws against you being from out of state and all - you ought to be able to drive thru... Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: I got a judgement on a car reposed I have 20 days to give property exempt what does this mean what all do I list

I have been out of work since May 2016 trying to get my SS disability only my husband works we live from paycheck to paycheck my health insurance is killing us.

Timothy Denison
Timothy Denison answered on Oct 25, 2018

You won’t be able to get the repossessed car back without paying for it. The exemptions do not apply to a purchase money lender such as the car seller.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: With Lien notice, how much time before sale of home in NC?

Lien placed on home.

20 days and property exempt form submitted.

Will sheriff give notice and how soon can sale take place in N.C.?

Paige Kurtz
Paige Kurtz answered on Oct 11, 2018

The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object... Read more »

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for North Carolina on
Q: My ex wife took my kids 10 years ago and has kept them from me and my family ever since. What can I do?

Ten years ago she had me arrested on trumped up charges. While I was in jail from 11/13/2007 to 1/8/2008 she took everything I owned and my kids and left the state of NC. Once she got settled in Illinois, she signed an affidavit of dismissal from the DA and I was relaeased. I filed for custody in... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 11, 2018

I am really hoping that the real reason it appears you have done virtually nothing to see your children in ten years is that you simply did not have the financial resources to do so. If that is the case, there is certainly no shame in that (assuming you have also done whatever else you can to say... Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Can I file a suit against a business for unfair treatment?
Kirk Angel
Kirk Angel answered on Oct 8, 2018

Only if you have a legal claim.

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1 Answer | Asked in Civil Litigation for North Carolina on
Q: how to sue an industry association?
Timothy Denison
Timothy Denison answered on Sep 1, 2018

Find where the association was formed and who the service agent is and sue them just like any other entity.

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