Lawyers, Answer Questions  & Get Points Log In
North Carolina Civil Litigation Questions & Answers
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.

View More Answers

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.

1 Answer | Asked in Divorce, Libel & Slander and Civil Litigation for North Carolina on
Q: Is it possible for someone to sue you for sleeping with their husband if you didn’t know

I wanted to ask if it’s possible for someone to sue you for sleeping with their husband if you didn’t know? I didn’t know this guy was married and his wife messaged me on Facebook threatening to fight me and sue me. I read that it’s possible in North Carolina and I’m kinda scared. I’m only 19

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 31, 2018

At 19 you likely possess nothing worth suing for and should likely be more afraid of the threat to 'fight you' than the threat of being sued.

1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: Drug charges were dismissed against my husband but he received an unauthorized substance tax assessment. What is this?
Bill Powers
Bill Powers answered on Jul 23, 2018

As odd as it may sound, it's likely a bill from the State (or Feds) for the "tax value" of the drugs.

I'm not defending the law, I'm just explaining it. I've never quite understood how they can tax an illegal substance. I guess the same logic applies to taxes corn liquor.

In any...
Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: How long do I have to file a lawsuit for injuries caused by a car accident in NC?
Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

The statute of limitations on a personal injury claim is 3 ys in NC.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: If someone purposely committed fraud and settled out of court with the company they were suing. Can that be overturned?
Jake Andrew Snider
Jake Andrew Snider answered on Jun 26, 2018

I am afraid this question is too vague for any lawyer to be able to give it a meaningful response. Generally, agreements that are entered into based upon a fraud may be voided by the defrauded party. Also, generally speaking, a "settlement" between two parties is unlikely to abridge the rights of... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Wrongful Death for North Carolina on
Q: I noticed that Jeep has had recalls on suspension issues. is the 2002 Jeep Grand Cheroke part?

we owned this vehicle for several years then gave it to my niece and she had it for about 6 months before the accident. Somehow control of the vehicle was lost and flipped over down into a ditch and exploded into flames. My niece's body was burned so bad they had to take dental records to identify... Read more »

Bill Powers
Bill Powers answered on May 14, 2018

First, sorry for your loss. That’s such a terrible tragedy.

Product Recall and the associated liability cases are NOTORIOUSLY COMPLEX. There may be important statute of limitation issues involved.

As such, BEST thing to do is contact an attorney immediately.

Agai,...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: Are verbal agreements for home ownership legally binding in NC?

In exchange for a base salary and no raise for 20 years my spouse and his parents had an agreement that he would one day own our home. My spouse had been the only resident since it was built until we got married approx 8 yrs ago and now we reside together. His parents refuse to sign over the deed... Read more »

Jake Andrew Snider
Jake Andrew Snider answered on Apr 30, 2018

Generally, under North Carolina's "Statute of Frauds", agreements to transfer real property have to be in writing and signed; however, there are sometimes exceptions to the Statute of Frauds. For example, when someone relies on a promise to their detriment, they might be able to prove the... Read more »

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: I loaned a friend money for a business startup. That was signed by him and I. My question is below.

If you have a loan contract signed by both parties.. can you puruse your repayment in court after the person you loaned the money to filed bankruptcy?

Paige Kurtz
Paige Kurtz answered on Apr 24, 2018

Once a person files bankruptcy, there is automatic stay on all actions against the debtor. Your debt is more than likely covered by the bankruptcy, but an attorney would need to review your documents and the bankruptcy filings for confirmation of the status.

1 Answer | Asked in Family Law, Criminal Law and Civil Litigation for North Carolina on
Q: Was offered a home and job from father. Quit job and moved family 1000 miles only to be fired and denied deed.Estoofe?

Whole family was harassed until I felt I had no choice but to move. Then he sold house. Now I hear of a drug habit and dealing conviction.He benefited from me not getting home as promised. There were also apts involved that we're going to be left to me. I was the manager. Was accused of taking$2000... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 23, 2018

I have no idea what 'estoofe' is. I suspect you mean estoppel but that's about as relevant in the situation you describe as 'estoofe' is. Bottom line you are just going to have to bite the bullet and consult with a local attorney who can review your circumstances in more detail. If you have a... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (

Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... Read more »

Timothy Denison
Timothy Denison answered on Apr 23, 2018

You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.

View More Answers

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for North Carolina on
Q: NORTH CAROLINA: Can we sue the parents of a 13 yr old who made gun threat at school towards our child 14, sheriff has

decided not valid threat after interviewing all parties, however our kid sees a therapist regularly for anxiety issues and this is greatly affecting him in both social and academic ways along with flare ups of anxiety over the threat (whether it was real or not, just because kid said he's sorry... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 22, 2018

From your description - I'd say its already resolved. If you are considering suing or think expulsion is appropriate - odds are you aren't really trying to resolve things peaceably. These days law enforcement and school administrators take these kinds of things likely too seriously so it stands... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for North Carolina on
Q: I have a judgement against me that is 3 years old. I bought a house can the creditor put a lien on my house?
Paige Kurtz
Paige Kurtz answered on Feb 12, 2018

Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

1 Answer | Asked in Employment Law and Civil Litigation for North Carolina on
Q: Several execs of my company (including CEO, and HR Director, while drunk, entered my hotel room late and didn't leave

We had been celebrating at our parent company overseas, but I went to bed. They continued. I was awaken by loud knocking on my hotel room door. They entered when I opened the door to see what the ruckus was. They stayed, emptied my honor bar and would not leave for 10-20 minutes. I was only... Read more »

Kirk Angel
Kirk Angel answered on Feb 12, 2018

I do not see an legal claim based on these facts alone. However, if there is a possible legal claim, you may have waived your right to relief if the severance agreement contained a "release of claims."

1 Answer | Asked in Civil Litigation, Family Law and Probate for North Carolina on
Q: My father left me as my brother guardianship in his will, what other step I have to do to execute it?

My mother is dead, with no last will and my brother is incapacitated

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 8, 2018

I don't believe this is something that can be done in a will. While your father can certainly indicate his wish that you be the guardian, I believe you will still have to go to court to be formally appointed as a guardian. You should check with a local family law attorney to be on the safe side.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.