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.
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... View More
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.... View More
answered on Oct 22, 2019
Of course. You don't think you get to blow off a ticket without bad things happening - do you?
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... View More
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?
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.
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... View More
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... View More
Both my wife and I are on the deed. No writ is against her. Is our home safe from florida writ? We have 2 vehicles with no lein, both our names on titles. Can they be siezed?
We appreciate your time. Thank you
answered on Jun 12, 2019
Your home is safe, so long as it is titled as "tenants by the entirety". Your vehicles could potentially be seized, if you have not properly exempted them. Contact a Florida attorney regarding Florida's exemptions process.
I recieved a call from a person claiming to be a part of 'Larkin mediation'. He said that I owed wachovia bank 100$ back in 2009 and that If I do not settle for 400$, I will be served and brought to court for over 2000$. When I searched their phone # I get no results for a business. They... View More
Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?
answered on May 6, 2019
Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.
Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3... View More
answered on Apr 30, 2019
It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... View More
My wife is a manager for a large dialysis company and has led me to believe that she has had an affair with one of her subordinates. I have enough evidence to satisfy adultery in NC. In addition, I'm being treated for PTSD as a disabled law enforcement officer and Army vet and now have... View More
answered on Apr 24, 2019
You can sue virtually anyone for virtually anything. The question you ought to be asking is - is it worth my while and what are my odds of success. Based on your description, it is likely not worth your while because the odds of success are likely less than slim and none. However, it never hurts... View More
I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... View More
answered on Apr 23, 2019
This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.
I never filed charges on him prior to his incarceration.
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... View More
How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?
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... View More
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.
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.
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.?
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... View More
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... View More
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... View More
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.
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
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.
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.