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North Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Collections and Consumer Law for North Carolina on
Q: Can a default judgment be granted on me from a creditor legally without my knowledge?

I was in prison when granted. N issued. Now out and was served to list my exemptions. But all time to appeal n plead my case has passed. How is this legal without me being able to plead my case or argue the fact that the balance is more than what I actually owed. Also I'm the co signer..

Cameron Lambe
Cameron Lambe
answered on Aug 22, 2017

In order to obtain a default judgment, the creditor must have been able to show the court that you were served. There are many ways to serve someone, but typically if someone is in prison, the summons and complaint are delivered to the appropriate authority at the prison and delivered to the... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: I invested in a real estate deal and we have a notarized contract. He has not paid as he said he would. Can I sue?

I signed a contract with a developer and invested in a deal to finish a house. The contract states that if I am not paid, I can seize the house and/or seize assets to get my investment money + principal + fees. I would like to start this process. Can someone help me?

Will Blackton
Will Blackton
answered on Aug 10, 2017

Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.

1 Answer | Asked in Civil Litigation, Real Estate Law, Estate Planning and Probate for North Carolina on
Q: Mother made will devising real property to three children. Same day executed deed to herself and son as tenants by the

entirety WROS. Son never probated will, and retitled property in son and wife name and obtained a mortgage for $100,00.00, which was used to pay off line of credit on house. which we feel son made mom incur. Children want to know our rights against son, lawyer, title company, mortgage... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2017

You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.

SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through...
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2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?

Full purchase price would have been $800. The puppy died in the breeder's care before delivery, but they refuse to repay my deposit. I have two witnesses that will confirm that the breeder never used the tern non-refundable when discussing the deposit. I also have a signed, handwritten receipt... View More

Paige Kurtz
Paige Kurtz
answered on Jul 25, 2017

The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it... View More

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1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I have been denied the purchase of fastpitch softball bats by the manufacturer. My question is can they do this?

I was purchasing bats from a authorized retailer and then providing them to kids who may not have been able to afford them. Sometimes for free and sometimes for a reduced cost. Never did I make a profit or was I trying to. Now the manufacturer has denied me from purchasing any products they sell.... View More

Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as... View More

1 Answer | Asked in Civil Litigation and Personal Injury for North Carolina on
Q: A 17-year old beat up an 18-year old and put him in the hospital. Can his parents sue the other parents for bills?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

The 18 year old can sue. However why not file a criminal complaint and ask for the bills to be paid in restitution.

Q: If I missed court in Columbus county for I citation for driving without a license and paraphernalia. How can I fix it ?

If I missed the court date twice before this and I turn myself in and bond out each time. What will happen ? I have my car now to make it. What's a good estimate of what I'll be charged to get someone to get the warrant cleared up and get a new court date ?

Amanda Bowden Johnson
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answered on Jun 5, 2017

Hire a local attorney ASAP or you will likely get arrested.

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Civil summons for credit card debt. Do not know what to do. Will lose job if garnishment. What do I do

Can make payments now

Will Blackton
Will Blackton
answered on Apr 26, 2017

Contact 2-3 attorneys in your state with creditor-debtor law and civil litigation experience. Describe your situation and ask how they can help. Hire the attorney with whom you get along the best and trust.

1 Answer | Asked in Car Accidents and Civil Litigation for North Carolina on
Q: Would a driver operating a car without a license plate be liable for a collision if not at fault for the collision?

NC GS states specifically that a car must be registered before operating it on the highway. And that it's unlawful to operate a vehicle without license plate.

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

No. Them not having a license doesn't mean it's open season. They should contact a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: Can someone take out a DVPO on someone who they have not had any contact with, and were never in a personal relationship

With, for over 4 years? My son's ex has taken out a DVPO against his sister in an attempt to keep the children from spending the night at our house. The custody judge denied her motion so her lawyer filed the DVPO. The children have never been hurt in any way while at our house. His ex is... View More

Amanda Bowden Johnson
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answered on Feb 25, 2017

Yes, people (mostly women but men do it too) often lie to get a dvpo solely for harassment purposes. Hire an attorney and take care of things at the hearing.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

They owe 3,600 unpaid balance; paid 1,500 NR deposit and $900 towards the $6,000 tuituon. Since they were dissatisfied, I didn't try to collect unpaid balance. Child was over 18, but lawsuit says "contract with minor"/missreprentation of program. But contract was signed and... View More

Paige Kurtz
Paige Kurtz
answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the... View More

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Domestic Violence for North Carolina on
Q: Can I make a contract stating that I can hit my bf back when he hits me without legal consequences?
Amanda Bowden Johnson
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answered on Oct 2, 2016

You can make such a contract but it would not be legal or enforceable. Basically, that would be an attempt to contract to break the law.

1 Answer | Asked in Civil Litigation, Family Law and Civil Rights for North Carolina on
Q: can i sue my sons father if he has him circumcised and i dont wont him circumcised we have joint custody
Amanda Bowden Johnson
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answered on Sep 26, 2016

Depends on what any Agreements or Court Orders already in place say. If you both have joint custody and there is nothing about being required to give each other consent / permission for medical procedures then - you likely don't have a case. I realize there's a new medical fad about not... View More

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for North Carolina on
Q: can a dealership take a car back after driving for 30+ days b/c they don't want to payoff a lien on trade?

dealership knew of the lien, they failed to verify the payoff until Thursday. Now they telling me I have to bring the car back today. I have had the car for over 30days. Have been financed, it shows on my credit report, etc.... The lien on the vehicle is $1500 more than they can pay. They failed... View More

Paige Kurtz
Paige Kurtz
answered on Sep 6, 2016

It depends on the written terms of your contract with the dealership. If the contract limits the amount they will pay or makes the payment contingent on any factors, then you may be out of luck and have to return the car. However, if the contract states that they will pay the lien, without any... View More

1 Answer | Asked in Civil Litigation and Products Liability for North Carolina on
Q: I was eating porkskins from a well known company,I "choked on a piece of bone cut the roof of my mouth,cut my tongue

and got a piece stuck in my tonsil that was removed by MD.The company stated to me there is no way what was in the bag was a "bone"So I had UNC Hosp. do a exam and Yes it was a "bone" I had a large and small piece.The company wants me to settle for 500$ since my injuries were... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

check with a couple of members of the NC Assn for Justice--they give free consults. The company may be right--that the problem is with their supplier--but it's their supplier. The law says there is a high degree of responsibility--strict liability --for food. It's on them. They should be... View More

1 Answer | Asked in Civil Litigation and Contracts for North Carolina on
Q: Am I legally allowed to repo my vehicle back from someone who was suppose to buy it but has yet to pay for it?

We have a promissory note however it was not notarized and she is trying to avoid paying me. We had a verbal agreement then put it in writing when she moved out, but she has had the vehicle for 5 months and has never made a payment on it. I told her I would like the vehicle back but now she is... View More

Paige Kurtz
Paige Kurtz
answered on Jul 29, 2016

Probably not from the facts you have stated. You can only repossess if you have a security interest in the vehicle, meaning your lien for the monies you are owed under the promissory note is noted on the actual title to the vehicle. If you sold the vehicle without any security or a lien on it, you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for North Carolina on
Q: Do I have to testify for my ex landlord in a civil case?

He is suing for a new roof b/c they installed a satellite w/o his permission. Tech said that since there was already a dish on the roof, it would be fine. Direct tv did come out and offer to fix the hole but he wants a new roof. This was about 5 years ago. I really don't have time.

Paige Kurtz
Paige Kurtz
answered on Jul 20, 2016

You do not have to testify voluntarily. If you are served with a subpoena, it is a court order and you must comply.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: What are the advantages of using a professional jury system?
Adam Studnicki
Adam Studnicki
answered on Jul 31, 2015

Do you mean jurors that are paid? This sounds like a homework question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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1 Answer | Asked in Civil Litigation for North Carolina on
Q: Can a family member represent a family member in a court case
Melissa Averett
Melissa Averett
answered on Jul 26, 2015

A family member who is an attorney can represent another family member.

1 Answer | Asked in Civil Litigation for North Carolina on
Q: Can i sue the estate of a former renter for unpaid rent and damages?

We had a renter who died. She was a few days from paying rent when she passed so the family asked if they could have another month to gather her stuff and have an estate sale. After having the estate sale they left and refused payment. Also the house was left in horrible shape with lots of damage.... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

Yes. You would sue the executor of the estate. Before suing, you file a claim for unpaid rent and damages with the estate (file in the court estate file AND send notice to the personal representative). If the claim is denied, then you have 90 days to sue.

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