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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: hello, I have a few questions

I was in a accident and im try to sue for car damage, medical bills and pain and suffering

Rishona Peace
Rishona Peace answered on Jun 20, 2020

We would need more information such as whether the other party has assumed fault, whether any citations were issued and to whom, etc.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for North Carolina on
Q: Can an executor have a deceased person's vehicle towed from someone else's property?

My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »

Angela L. Haas
Angela L. Haas answered on May 21, 2020

The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... Read more »

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

3 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a “answer to counterclaim” form online to print?

I’m the plaintiff needing to find the form to answer defendants counterclaim. Thank you!

Melissa Averett
Melissa Averett answered on Feb 29, 2020

It's called a reply and there is no form. Like the answer,you need to admit or deny each paragraph of the counterclaim..much like the answer you have received. Or hire an attorney.

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1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for North Carolina on
Q: My neighbor dug two deep culverts on his property against my fence to drain water onto my property.

In 2016, he did something similar and admitted digging a trench because his yard was too wet. What can I do? My yard is a mess and I am becoming ill over this level of harassment. I need the offending party to cease the assault on my property and pay for tree and lawn repair. What category of law... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 25, 2020

You may have grounds to file a nuisance lawsuit against him. Feel free to call me at (919)348-9211 if you'd like to discuss the case further.

Evan Lohr

Attorney

evan@lohrnc.com

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can I sue my oxygen company for their treatment of me which caused me to suffer health problems?

I have emphysema and my oxygen supplier company decided to switch me to another company and they worked with the other company and did not notify me of the switch until all was settled and then they notified me that the new company would come out the day they notified me and switch me from liquid... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

This could turn into a complex lawsuit, both for the relationships between the multiple parties and for the technical attributes of the equipment. You say you want to discuss it with a lawyer in Henderson or Durham. This isn't really a lawyer referral service here; it's only a Q & A... Read more »

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »

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2 Answers | Asked in Civil Litigation for North Carolina on
Q: Where can I find a request form for interrogatories and production of documents for North Carolina
Adam Bull
Adam Bull answered on Jan 20, 2020

There are no standard forms. Each case 8s different and therefore different information may be needed. An experienced family law attorney can formulate the necessary discovery.

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1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: Is it conflict of interest if judge issued a protective order is law professor at the University the petitioner attends?

Is there a conflict of interest?

Adam Bull
Adam Bull answered on Jan 19, 2020

No, unless he somehow has a strong relationship with the other party. There are presumably hundreds if not thousands of students so you would need to show a much greater connection.

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Looking for the precedent case where a defendant was charged unlawfully for services that simply weren't rendered.

Internet trying to charge full month bill when I only had service 4 days. No written contract.

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

You'll find cases like that in a search, but before investing time doing so, it might be worthwhile to review the terms of the service agreement. It's possible that could be more applicable than general legal decisions. Good luck

Tim Akpinar

1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... Read more »

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...
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