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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for North Carolina on
Q: Is it illegal (criminally or civilly) to forge timestamps on a commitment custody order?

I am the victim of criminal abuse of the civil commitment process. Among the wrongdoings committed was the officer deliberately entering false timestamps on the custody order for the time taken into custody and time delivered to the examination unit. He deliberately entered both times as exactly... View More

W. Scott Harkey
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answered on Jan 4, 2023

Forgery of Writings is a common law offense in North Carolina. Common law forgery occurs when someone 1) falsely makes or alters a writing; 2) at the time the person made or altered the writing they intended to defraud; 3) the writing appeared to be genuine; and 4) the writing, if genuine, would... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: If my insurance company is charging me less than what they are supposed to, do i have to pay it all back later? thanks
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2022

A North Carolina attorney could advise best, but your question remains open for three weeks. If it isn't a legitimate reduction, such as loyal customer or safe driving record but rather an error, they could move to recoup it. Good luck

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Is it a must that I pay this finance company even if there are issues.
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. To avoid further delays, you should repost and add Civil Litigation and Collections, or reach out to attorneys in those categories to discuss options. Good luck

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.

Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would... View More

Philip J. Clarke III
Philip J. Clarke III
answered on Nov 28, 2022

I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer... View More

2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
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1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 25, 2022

If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... View More

1 Answer | Asked in Civil Litigation and Personal Injury for North Carolina on
Q: Drive thru window hot coffee spilled on my hands and lap through out the front driver seat do to the lid not being close
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

A North Carolina attorney could advise best, but your question remains open for five weeks. If you have medical records, you could gather them and try to arrange a free initial consult with a North Carolina attorney. I hope you're okay. Good luck

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for North Carolina on
Q: I've been mentally tormented and tortured through vigilance from the community and feds and local authorities how can I

I've been told through synthetic telepathy I am under investigation. I've been attacked every second of the day. Using HIGHLY ILLEGAL MIND READING TECHNOLOGY,REMOTE NEURAL MONITORING, V2K, been sprayed with Truth Serum and attacked by community vigilance. I continue to get blamed for... View More

James L. Arrasmith
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answered on Jan 4, 2024

It sounds like you are going through a very distressing and complicated situation. If you believe you are being unjustly surveilled or harassed by local authorities or other entities, it is important to gather as much tangible evidence as possible. This could include documenting instances of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for North Carolina on
Q: If an opposing law firm (plaintiff) breaks 2 state laws in various civil cases, can I sue for damages?

I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2023

The method to address opposing counsel’s actions is within the case, not a separate lawsuit.

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Does the statue of limitations restart just because the credit company has filed a lawsuit?

Their initial civil lawsuit was submitted in 2021 but their request for default judgment against me was denied by the judge. They have requested an appeal to the denial of the judgment request and that is still pending even though the time barred started in 2023. Can the lawsuit get dismissed after... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 12, 2023

The filing date of the lawsuit controls the statute of limitation and it has been preserved while on appeal even though so many years has passed. Therefore, if the lawsuit was filed prior to the day the statute of limitation passed, it was filed on time, and it remains filed on time now. Good luck.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Is there a secret to finding a lawyer that will at least take the time to talk to me about a controversial issue?

I have been trying to find a lawyer to help me sue government officials. After a lot of researching, I believe there is a good argument for waiving sovereign immunity and government approval to sue.

I cannot find a single lawyer that will be willing to help me or even talk to me. Are there... View More

N'kia (NLN)
N'kia (NLN)
answered on May 15, 2023

There is no secret. You could try searching phrases like:

"North Carolina government litigation attorney"

"Sue North Carolina government officials"

"North Carolina lawsuit against government officials"

"How to sue/Can I sue North...
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1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for North Carolina on
Q: what steps can I take to obtain money that is due to me and fully gain ownership of the house completely?

I co-owned a house and property with my older sister since 2013. She has kept all the rent money for 8yrs, then she has sold 50% of the property behind my back on April 21, 2021 to her friend and didn't tell me until 8 months later. Her friend is committing larceny as well. I recently found... View More

Anthony M. Avery
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answered on Nov 28, 2022

You probably need to hire an attorney to file an action for a Sale For Partition.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for North Carolina on
Q: I wanna know how I'll be able to go about sueing my insurance company, just questions about it
Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. You could reach out to civil litigation attorneys who handle insurance claims. Some more detail would be helpful as to the type of matter you have - auto, home, life, health, etc. Some attorneys specialize... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... View More

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I am in NC and executrix of my father’s will. I inherited a home. Can I sell it while under a standstill order as long

As I don’t dispose of the proceeds?

Ben Corcoran
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Ben Corcoran
answered on Sep 19, 2022

Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 3, 2022

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... View More

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
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Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

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