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North Carolina Civil Litigation Questions & Answers
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

1 Answer | Asked in Civil Litigation and Car Accidents for North Carolina on
Q: How big a liability for a company is it for an unlicensed driver to wreck while driving a company truck?

Injuring another driver.

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Depends on the injuries. It is an aggravating factor but the injuries are what they are.Bigger issue may be their insurance rates if they knew driver wasn't licensed.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I have a loan with a company haven't missed a payment make my payment on the 14 of every month like agreed but the

Company repossessed my car last night on the 13 found out from sheriff's office can they do that or is that a breach of contract

Paige Kurtz
Paige Kurtz
answered on Oct 16, 2017

If you are not in default of the contract, the vehicle cannot be repossessed. There may be other terms of the contract that can cause a breach other than missing payments. Things like the failure to insure the car probably cause a breach of the contract, but it will depend on the terms of the... View More

1 Answer | Asked in Family Law and Civil Litigation for North Carolina on
Q: My daughter has shut out entire family, including biological sister, two brothers, mom, while pregnant from first grand-

Daughter. We have done nothing; in fact, paid for down pmt on house, honeymoon, flew her and husband home at our cost for all holidays. Apparently, because we wanted to attend the "gender reveal party" (we live on Easy coast) she got angry, stopped speaking to all of us, involved her... View More

Amanda Bowden Johnson
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answered on Sep 29, 2017

This is a family issue not a legal one. You have no legal option to force your will on your daughter. If she wants to be a jerk there isn't anything you can do about it, at least not from a legal standpoint.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Please see additional information below.

Im in North Carolina. I was served with a collections lawsuit. The opposing asked the court for a court date on July 27,2017 and I was aware of the date that he asked for. However I was never given notice from the county courts office that this date was in fact THE court date. Now I have a judgment... View More

Cameron Lambe
Cameron Lambe
answered on Sep 18, 2017

It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default... View More

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for North Carolina on
Q: Breech of contract and recovery - 3 people $4,000 total 1 contractor

one banjo builder in Pittsboro took money from 3 indivuals totaling over $4000 for custom banjo orders, never delivered cut off all communication - can we file a joint suit against the builder - all plaintiffs are out of state

Cameron Lambe
Cameron Lambe
answered on Sep 11, 2017

Since your suit likely involves the same transaction, events, and facts, you are permitted to join all of you as plaintiffs in the action.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for North Carolina on
Q: Selling a car to a "friend" and now getting stabbed in the back, what should I do?

My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... View More

Cameron Lambe
Cameron Lambe
answered on Sep 4, 2017

North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover... View More

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1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for North Carolina on
Q: My grandmother died without a will my father pre-deceased my grandmother why didn't I receive his share of her estate
Amanda Bowden Johnson
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answered on Aug 30, 2017

You may want to hire an estate attorney to investigate this. There are a lot of reasons you didn't receive anything such as: she had a will you are not aware of; she was married and everything went to spouse; she had nothing; someone ran off with the entirety of the estate and screwed you... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for North Carolina on
Q: Why didn't I receive my fathers share of his mothers estate after she passed,my father pre-deceased her.

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 30, 2017

Hard to answer without seeing the documentation, but if your grandmother left a will which didn't leave you property just because your father died first doesn't mean you would be legally entitled to anything. If you have questions about how this worked out, you need to contact a local... View More

1 Answer | Asked in Civil Litigation for North Carolina on
Q: do you have to serve a notice of rights a second time after a writ of execution has expired?
Cameron Lambe
Cameron Lambe
answered on Aug 24, 2017

In short, a writ of execution lasts for three months. If that time frame has expired, the notice of rights must be reserved. Please consult an attorney if there are any questions or ambiguities about dates, service, or other issues.

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