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North Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz
Paige Kurtz answered on Mar 22, 2018

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... Read more »

1 Answer | Asked in Family Law and Civil Rights for North Carolina on
Q: I'm 18 and living with my parents. I have my own job. My dad takes $10 every time he feels i disobey him. Is this legal?

I make all my own money and I have an online bank account which is where my money is being taken from.

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

At 18 you are an adult so no, your dad doesn't get to punish you that way anymore. So just refuse to give him the money (how is he getting into your online account?) or maybe be smart and put it in a real bank where he can't get to it. However, if you do that, he may kick you out or... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on
Q: Can a police officer write me citation for driving on revoked even if he did not pull me over.?

He was at the motel I reside at picking up someone with warrants and seen me drive around the parking lot and park. I went down to front desk an hour after me parking the car and he came in and wrote me a dwlr ticket

Bill Powers
Bill Powers answered on Feb 6, 2018

GREAT QUESTION - We've seen this happen in the past, although it involved a law enforcement officer whom was basically a neighbor and regularly checked DMV records.

While a citation may be written, that does NOT necessarily mean it can be proven in court.

Makes sense to talk...
Read more »

1 Answer | Asked in Civil Rights and Criminal Law for North Carolina on
Q: My wife punched me in the face, she was drunk, called the police to the hotel room to have me thrown out, they took her

and charged her with simple assault domestic violence. i filled out papers for a protective order here in nc, what can i do to get this order approved?

Bill Powers
Bill Powers answered on Jan 9, 2018

That's a good question because that type of thing happens more than you might expect in North Carolina.

The best thing to do is just show up to Court. I see cases dismissed on a regular basis in Domestic Violence Court simply because the people don't show up.

Sometimes...
Read more »

1 Answer | Asked in DUI / DWI, Civil Rights and Libel & Slander for North Carolina on
Q: Having something removed from record?

How do i go about having a dui charge from 2008 removed from record, background check? And also a charge that Im not sure if its on my record or not, but child neglect/abuse that i was never convicted of through court, but had to sign a paper for department of social services when me and my child... Read more »

Kristen Dewar
Kristen Dewar answered on Dec 5, 2017

You cannot expunge a DWI conviction from your NC criminal record. You used to be able to, but the expungement law was changed as of December 1, 2015. Hopefully, the legislature will revisit the law and revise it one day.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for North Carolina on
Q: I was charged as a minor but convicted as an adult. Is there anyway, besides expungement, to get those charges removed?

When I was 16 I got into a lot of trouble. The court system waited until I was an adult to fully convict me of a misdemeanor marijuana possession (1/2 > 1 & 1/2 oz) and now it's causing damage to my adult life. Is there any way to put these charges onto my juvenile record so that they... Read more »

Kristen Dewar
Kristen Dewar answered on Nov 22, 2017

There is no other way in NC to remove charges from your criminal record other than expungement. $4000 is a lot for an expungement of this type. I would keep calling around for quotes.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for North Carolina on
Q: Can you use the same evidence obtained during a civil case in a separate tort commission case?

I'm asking for someone who is in prison. He was attacked by prison guards who used unreasonable force and violated his amendment rights. He gained evidence against them in a civil lawsuit, and they admitted to hurting him. However, now they're doing a tort commission case, and his only... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2017

Usually if it's admissable in civil court it's admissable in other courts, certainly in administrative proceedings. Presumably he has an attorney and should ask them.

1 Answer | Asked in Family Law, Child Support and Civil Rights for North Carolina on
Q: How can I terminate paternal rights?

I am having a baby with a girl that says she is moving overseas with her army boyfriend and they will terminate rights while I still have to pay childsupport they will also not let me sign the birth certificate. I want nothing to do with her or the baby what are my rights in terminating my paternal... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2017

None - you don't get to terminate your parental rights unilaterally. the easiest way for your rights to be terminated is for her to sucker the Army boyfriend into marrying her and adoption the child. It would require your consent but it would end your obligation to pay child support.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: How is it that after 1 hour and 19 minutes my BAC did not change? Should I get a liver enzyme blood test?

The body metabolizes alcohol at the rate of about 0.005 per twenty minutes. A different reading from the field test to the facility test should be shown. I am a healthy male 131 lb. and waited and hour before driving. If the equipment gave a false reading and scientifical the level should have... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 8, 2017

Every body metabolizes alcohol differently based on a plethora of factors. The field or portable breath test is highly unreliable. Even the machine used at the station has a .02 +/- variance. But even if you were given the benefit of a .02 variance in your favor, you are still a full point above... Read more »

1 Answer | Asked in Family Law, Civil Rights and Criminal Law for North Carolina on
Q: I'm 20 years old and my boyfriend is 19 I want to move in with him and he wants the same thing he lives with his mom

Does he have any legal right to let me move in if its his choice as an legal adult and his mom said no when she doesn't have any guardian ship over him any more

Amanda Bowden Houser
Amanda Bowden Houser answered on May 22, 2017

This really ought to be common sense for you but if mom owns or is otherwise in control of the house (ie via a lease) and mom said no - that's pretty much all you need to know. Be respectful and let that be the end of it. Even if boyfriend does have some legal right to allow you to live... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for North Carolina on
Q: Baby born in SC. Parents are NC residents. Which state has jurisdiction?
Amanda Bowden Houser
Amanda Bowden Houser answered on May 12, 2017

Usually where ever the baby has lived for the last 6 months is where jurisdiction is. .

1 Answer | Asked in Civil Rights and Employment Law for North Carolina on
Q: Can I be fired in north Carolina for calling out to care for my sick child?
Kirk Angel
Kirk Angel answered on May 9, 2017

Yes, unless your absence to care for your child is otherwise covered under the Family and Medical Leave Act (FMLA). The FMLA provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for North Carolina on
Q: My friend is doing his jail time on weekends in a county jail. Can he get transferred to a different jail?

He's only doing his jail time for 7 days on weekends

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 5, 2017

It is possible but it requires the consent of the sheriff in what ever county he wants to transfer to. Assuming you are talking about transferring to another county jail - the county sheriff is king and would make the ultimate decision regardless of what pretty much anyone else has to say about... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

I was arrested on suspicion of child abuse in 2015. Due to my kids dad being military, I was able to respond to some allegations through the FAP program.(which reads statements from the incident report)1 This is how I found out that some statements in the police incident report were incredibly... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.

1 Answer | Asked in Civil Rights, Criminal Law and Internet Law for North Carolina on
Q: Other lawyers have told me I need the website adress of this illegal website I'm on before they can take my case .

I don't understand why I need to find the website address because of state and federal criminal eavesdropping statutes and other laws . Why do I need to find the website address before they can take my case and why when I contact the FBI and the DOJ they refuse to do the legal thing ???

Will Blackton
Will Blackton answered on Feb 8, 2017

You have not provided enough information here for anyone to be able to help you out. Try asking your question again and including your cause of action, that is, what you are claiming happened that is illegal. Also, describe what you mean by illegal website.

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for North Carolina on
Q: Withdrew son from school due to bullying.

Our 7 y.o. son was verbally and physically bullied at his school. We contacted his teacher, guidance counselor, Assistant Principal, Principal, Assistant Superintendent and the Superintendent. We also contacted the School Board. Over the 4+ months this occurred nothing seemed to get done. The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

For starters you could request an IEP and get a better place. There's usually no great answer on bullying. There should be a center in NC that deals with education law issues. The Education Law Center in Philadelphia might have the names of some NC organizations or where you can go to get such... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Family Law for North Carolina on
Q: Friend got kicked out of the house after coming out as trans; his mother kept his service dog. Can he get it back?

-He is over the age of 18 (enrolled in college, this happened over break) and currently staying with a cousin

-This is in North Carolina, USA

-He requires a service dog for multiple physical and mental issues; this has been certified by his physician.

-The mother paid for the service dog

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 21, 2016

It likely depends on who owns the dog as to who gets to keep the dog. However, there may be some legal options so he should consult with a local attorney who can go over the situation in more detail and lay out his options.

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 Houser
Amanda Bowden Houser 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... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for North Carolina on
Q: Can a Armed Security Guard detain someone?
Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2016

Assuming the person met the requirements of private protective services http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_74C.pdf it would seem they can, but when and how is very dependent on circumstances. I suggest you contact a member of the north Carolina Advocates For... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Car Accidents for North Carolina on
Q: My fiancé got into an accident last year and now cops are trying to arrest him for damage to property (hit a mailbox)

For one the cop lives 3 houses down from me, so could he be profiling? He came with three other cops and proceeded to tell me he only needed him to sign some paperwork. I had my fiance call the police station and they said the cops were indeed there to lock him up. Also he told us he has the right... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2016

Sounds like more than a mailbox, no warrant no search --it's not "hot pursuit." But why not just turn the claim over to the insurance?

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