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I was charged with assault with a deadly weapon and simple assault, both misdemeanors. Two weeks later, the juvenile who pressed the charges withdrew his statement, but the DA is still pursuing maximum punishment. The incident occurred when the juvenile assaulted me first, and I defended myself.... View More
answered on Nov 5, 2025
You mentioned that your case arose from you defending yourself. Self- defense cases can be especially tricky and hard to prove (and this is one of those rare defense situations where you as the defendant have to prove something to succeed).
If your experienced attorney (the attorney who... View More
Can I legally get my phone back when I turn 18 if my parents took it away when I was 16? I purchased the phone with my own money, and there was no written or verbal agreement about ownership or conditions for returning it. They took the phone because of something I was doing with it at that time.
answered on Oct 28, 2025
Yes, once you turn 18, you’re legally an adult in North Carolina and have full control over your own property.
If you bought the phone yourself and can prove it like showing a receipt, payment record, or phone account in your name. Then the phone legally belongs to you. After you turn 18,... View More
I work for an Amazon delivery service partner as a delivery driver. During a delivery at an apartment complex, I attempted to open the front door of the leasing office, and part of the door handle broke off. The leasing agent claims I pulled too hard and wants someone to pay for the damages. The... View More
answered on Oct 28, 2025
Since you were working for an Amazon delivery partner at the time, any damage that happened on the job is normally covered by your employer, not you. That’s part of what’s called “respondeat superior,” meaning your employer is responsible for accidents that happen while you’re doing your... View More
I had a car stolen 22 years ago in Forsyth County, NC. Recently, someone contacted me claiming they have the car and want me to meet at the DMV to sign the title over, which was in the car when it was taken. I have since applied for and received a new title, and I've paid all related taxes and... View More
answered on Oct 28, 2025
Since you have a valid North Carolina title in your name, that makes you the legal owner. The person who has the car doesn’t have the right to keep it unless they can show a legitimate transfer, which seems unlikely.
Start by contacting the Forsyth County Sheriff’s Office or... View More
I have a custody order in North Carolina granting me full custody of my child. However, my child was moved to South Carolina by his father and stepmother, and I have been completely alienated from him since he was 13 years old; he is now 15. I am blocked from all communication avenues, including... View More
answered on Oct 28, 2025
You still have legal rights since you have full custody under a North Carolina court order. The father and stepmother cannot legally take your child out of state or block your contact without the court’s approval.
Your first step is to enforce your custody order. File a motion for... View More
I'm being sued for a car repossession after losing my job and dealing with a death in the family. I have received court papers through the mail with a date to appear in court. I need guidance on how to proceed with this lawsuit in North Carolina.
answered on Oct 3, 2025
It's very difficult to answer this question without more information. In general, if you have defaulted on your car payments, you still have the car, and you have been sued by the lender, you need to contact the lender or if they used an attorney, the attorney for the lender to make... View More
I'm being sued for a car repossession after losing my job and dealing with a death in the family. I have received court papers through the mail with a date to appear in court. I need guidance on how to proceed with this lawsuit in North Carolina.
answered on Oct 16, 2025
If you’re being sued after a car repossession, the lender is likely trying to collect a deficiency balance—the amount still owed after they sold the car. Here’s how to handle it:
1. Read the lawsuit carefully
The court papers (called a Summons and Complaint) tell you who’s... View More
I am facing a situation where my child was removed from my custody by DSS on September 3rd without a valid court order, as the court order for "temporary nonsecure custody" was signed on September 4th. Additionally, I was not served with any paperwork or given an official reason at the... View More
answered on Oct 13, 2025
In North Carolina, DSS cannot remove a child without a court order unless there’s an emergency that puts the child in immediate danger. If the order was signed after removal, that may be a legal issue. Here’s what to do:
Contact an attorney immediately to discuss. Your lawyer can file a... View More
I am facing a legal issue involving the unlawful removal of my child by DSS without a valid court order at the time of removal. There was a denial of my due process rights, as I received no notice, petition, or service before custody was taken. Additionally, wrongful no-contact orders have been... View More
answered on Oct 2, 2025
If DSS removed your child without a signed order in place and didn’t give you notice or paperwork, that’s a serious due process concern. In North Carolina, DSS must either have an emergency order or get one signed right away, and parents are entitled to notice and a hearing. Your next step is... View More
I have been served with a motion and notice of hearing for contempt, accused of violating a custody order by allegedly not allowing the other parent visitation during the summer and not permitting them to attend our daughter's graduation. However, I communicated to him that our daughter did... View More
answered on Oct 13, 2025
If you’ve been served with a motion for contempt in North Carolina, you must take it seriously — even if you now live in Alabama. Here’s what to do:
Confirm jurisdiction. Since the custody order was issued in NC, that court may still have authority unless the case has officially been... View More
I am facing an issue with an ex parte emergency custody order granted without my presence in North Carolina. My ex lied to obtain custody of our daughter, who has lived with me alone her entire six years. I can prove those claims were false. This situation has traumatized her since she is unable to... View More
answered on Oct 13, 2025
Yes. In North Carolina, you can ask the court to move up (advance) the hearing date or to dissolve the ex parte order if it was based on false information.
Here’s what to do:
Go to the clerk of court where the case was filed and ask to file a Motion to Dissolve or Modify Ex Parte... View More
I recently agreed to modify a custody agreement under pressure from the defense lawyer and the child's father, who contacted me frequently via emails and texts. At the time, I was not represented by legal counsel and initially had full custody with no visitation rights granted to the father. I... View More
answered on Oct 13, 2025
If you signed a custody modification under pressure and without a lawyer, you can ask the court to revisit or set aside the agreement.
Here’s what to do:
Contact a family law attorney right away to review what you signed.
If you felt coerced or misled, your attorney can... View More
I was served with a civil summons related to a debt of $7,971.17 from a car loan. Originally, I co-signed with my daughter for the car, but it seems the loan is solely in my name. My daughter couldn't make the payments, so we opted for voluntary repossession. Now the debt has been sold to a... View More
answered on Aug 21, 2025
Financial hardship is not a legal defense and you likely owe what they are asking for. You can talk to a consumer bankruptcy attorney about all.of your options or you can call the lawyer for the Plaintiff directly and see what they are able to offer you. A few things to keep in mind. The Court... View More
Hurricane Helene redirected a stream that originally ran along the property line of my two adjoining neighbors. This change caused landslides, filling the stream and part of a lake with silt and rocks, affecting my property, a neighbor to the right, and the creek flow. We're seeking estimates... View More
answered on Aug 13, 2025
You need to be concerned with your land boundaries. That avulsion probably changed the boundary to two or more tracts. Noone is liable for damages to restore the former boundaries. Hopefully you have gained land and you may wish to start acting like it, that is as the owner. Consult with an... View More
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
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
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
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
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
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
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
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
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
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