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North Carolina Civil Litigation Questions & Answers
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.

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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 Johnson
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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
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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...
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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
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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... View 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... View More

Bill Powers
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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,...
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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... View More

Jake Andrew Snider
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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... View 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... View More

Amanda Bowden Johnson
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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... View 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... View 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.

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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... View More

Amanda Bowden Johnson
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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... View 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... View 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 Johnson
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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.

1 Answer | Asked in Civil Litigation, Consumer Law and Collections for North Carolina on
Q: Are creditors required to notify defendents if they renew a default judgment?

Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd,... View More

Paige Kurtz
Paige Kurtz
answered on Feb 1, 2018

If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

1 Answer | Asked in Criminal Law, Civil Litigation and Juvenile Law for North Carolina on
Q: My 17yr daughter was caught shoplifting and we were never called isnt that required since she is a minor?

She was caught merchandise returned undamaged and noone contacted us. We werent made aware until legal letters came stating we were being held civilly liable for her actions. If I wasnt aware and she wasnt with us and we didnt even get a call about it how are we responsible? She asked if they were... View More

Kristen Dewar
Kristen Dewar
answered on Jan 4, 2018

1) In NC, 17 year olds accused of crimes are currently still charged and treated as adults, so there is no requirement for anyone to contact you if your 17 year old daughter is charged with a crime. This does not fall into Juvenile Law, as in NC, your daughter for the purposes of criminal law, is... View More

1 Answer | Asked in Civil Litigation, Family Law, Criminal Law and Gov & Administrative Law for North Carolina on
Q: Can I be tape recorded buy a diaper bag in my home during visitation?

I live in North Carolina. It was just me and my son there.

Amanda Bowden Johnson
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answered on Dec 29, 2017

Diaper bags do not record anything but if you are referring to a recording device placed or concealed in the diaper bag - then obviously, yes.. But it is likely the real question you want to ask isn't whether you can be recorded by a device in a diaper bag but rather whether such a recording... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for North Carolina on
Q: I had my NC drivers license reinstated in a hearing 2 weeks ago--I am required to have an interlock device--

I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Contact DMV and ask.

1 Answer | Asked in Business Law and Civil Litigation for North Carolina on
Q: If a corporation is sued by an individual from another state, can the court hearings be held in the state where corporat

The corporation is in NC and the individual is in MO who filed the claim. The corporation received a summons to appear in court in MO. Shouldn't the case be filed in NC?

Paige Kurtz
Paige Kurtz
answered on Nov 13, 2017

Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should... View More

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