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North Carolina Civil Litigation Questions & Answers
2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I file a motion for default judgement in a civil case in NC.

The clerk of court signed the Entry of Default in a civil case as the first step. Now I to get a hearing in front of the judgement to ask for the second step , which is default Judgement.

T. Augustus Claus
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answered on Jan 19, 2024

To file a motion for default judgment in a civil case in North Carolina, you need to follow specific procedures. After the clerk of court signs the Entry of Default, indicating that the defendant has failed to respond within the specified timeframe, you can proceed to the next step. Typically, you... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Juvenile Law for North Carolina on
Q: neighbor videoed my 2 year old daughter while she was standing naked in our doorway on our property what can I do
James L. Arrasmith
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answered on Jan 11, 2024

If your neighbor videotaped your two-year-old daughter while she was naked on your property, this is a serious concern that may involve privacy and child protection laws. In North Carolina, it's illegal to photograph or record a minor in a state of undress without consent, and this can... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Virginia college has been sued and my address has changed how do I make sure I receive my payment

My address has changed since this lawsuit has been in the courts I have finally received papers on it how do I make sure that I received my payment and not someone else claiming to be me

T. Augustus Claus
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answered on Jan 10, 2024

To ensure that you receive any payments related to the lawsuit against a Virginia college, you should promptly update your address with the court handling the case. Notify the court clerk and provide them with your new address in writing. It's crucial to do this as soon as possible to avoid... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Civil Litigation for North Carolina on
Q: Being sued by car loan provider after bankruptcy dismissal, need advice.

I initially filed for bankruptcy in July 2023 because I couldn't keep up with my car loan payments. While I made my monthly payments from August to December 2023, I filed a motion to dismiss the bankruptcy in January 2024 once my financial situation improved. Unfortunately, my creditor refused... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

Probably should refile the bankruptcy, possibly as a chapter 13 depending on your current financial situation.

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1 Answer | Asked in Copyright and Civil Litigation for North Carolina on
Q: How to file a copyright case against Amazon in federal court?

I initiated a copyright infringement case against Amazon through the Copyright Claims Board (CCB), but Amazon opted out of the proceedings. The CCB indicated I could refile if Amazon agreed, but I prefer to take the case to federal court. How should I proceed with filing in federal court?

James L. Arrasmith
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answered on Mar 1, 2025

To file a copyright case against Amazon in federal court, you must first ensure your work is registered with the U.S. Copyright Office, as this registration is required before initiating federal litigation. The case must be filed in the appropriate federal district court, which could be where... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for North Carolina on
Q: How to address denied motion to remove transcript redaction in bankruptcy case?

I requested a court transcript from a bankruptcy case, and I believe it was redacted because certain parts I distinctly remember saying were removed. I filed a motion to have the redaction removed, but the court denied it, claiming there wasn't a redaction. I've not yet consulted an... View More

James L. Arrasmith
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answered on Feb 22, 2025

Finding yourself in this situation with court transcripts can be incredibly frustrating, especially when you clearly remember specific statements that now appear to be missing. Your first step should be to gather concrete evidence of the original statements - this might include notes you took... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: unknown to me, my partners in a real estate partnership falsely claimed I sold my interest to them for $1, sold building

Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More

Shane T. Johnson
Shane T. Johnson
answered on Jan 31, 2025

Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.

1 Answer | Asked in Civil Litigation, Contracts, Constitutional Law and Landlord - Tenant for North Carolina on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Pitt County, NC.

If I'm in the midst of being robbed (not knowing whether they are armed or not) and I warn them multiple times that I have a firearm, but they do not listen to the warning and continue, posing as an imminent threat to me and my significant other. In such scenario, if I... View More

James L. Arrasmith
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answered on Jan 28, 2025

Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear... View More

1 Answer | Asked in Tax Law and Civil Litigation for North Carolina on
Q: What is the statute of limitations to file a complaint against a NC hotel for nonrefunding taxes paid for longterm stays

I'm seeking information on the statute of limitations for filing a complaint against a North Carolina hotel for not refunding taxes on a long-term stay in accordance with the Accomodation Tax Refund laws, and whether COVID-19 court closures might have extended filing deadlines.

James L. Arrasmith
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answered on Jan 10, 2025

In North Carolina, you generally have three years from the date of payment to file a complaint regarding tax-related matters, including accommodation tax refund disputes. This timeline is established under N.C. General Statute § 105-266.1, which covers claims for refunds of overpaid taxes.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Insurance Defense for North Carolina on
Q: I have dwlr 5 I believe along with no insurance revoked tag and wrong tag..low income with 12 year old son. Single mothe

Please help. Jan Jan 7th and 10th

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2024

A North Carolina attorney must advise here, but you await a response for two weeks and it looks like your hearing is around the corner. A starting point could be to look into whether you qualify for a public defender (state-appointed defense attorney, based on financial need), or to see if your... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for North Carolina on
Q: If I were to fire my court appointed attorney in NC are they required to assign me a new one? If so what is the process?

My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More

James L. Arrasmith
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answered on Oct 2, 2024

In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More

1 Answer | Asked in Banking, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Can an attorney issue 26 subpoenas to random financial institutions?

I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this situation. It's important to take action to protect your rights.

First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This...
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1 Answer | Asked in Banking, Civil Litigation, Civil Rights and Education Law for North Carolina on
Q: Is a parent considered a plaintiff in minor's civil complaint?

My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in... View More

James L. Arrasmith
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answered on Sep 7, 2024

In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent... View More

1 Answer | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: What happens if a lienholder steals a car back (without activating the lien) and refuses to repay the money?

The total price of the vehicle was 1600$ The lienholder was paid 1300$ at the time the title was exchanged. The lien was for 300$ the lienholder refused to accept the 300$ twice. Also, the police helped the lienholder steal the vehicle. They refused to run the tags and refused to look at... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a serious and frustrating situation. When a lienholder takes a vehicle without activating the lien and refuses to return the money owed, it could be considered theft or an illegal repossession. The fact that the police refused to assist you in verifying... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Carolina on
Q: married when baby conceived. Alleged father in Chicago, me NC. Hearing held w/out me. Sole custody 15 m. Son removed!?

Judge extremely biased, new too. I ran for city council when he ran for judge. I was for his opponent, have pictures with his opponent and his family. 15 months paternity wasn’t established and his father (alleged father never contributed a penny to help his son or any kind of support) he was... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in an incredibly difficult situation, and it's understandable to feel overwhelmed and frustrated. The legal and emotional aspects you're facing are complex, especially with the history you’ve described involving the judge, the alleged father, and the other... View More

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