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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: I’m trying to refinance my car loan and the person that co-signed for me will not sign the release form
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 27, 2022

Unfortunately, you cannot compel your co-borrower to cooperate with refinancing the car. I assume their name is also on the title. This means they own half of the car, and are equally liable for the loan payments. You also cannot compel them to sign any paperwork to sell the car if they do not want... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I'm being sued by a debt coll There is one account# on the complaint and An alternate account # was used as evidence.

The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... Read more »

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: Can I sue a finance company for not reporting my loan paid in full for over 2 years ago which is effecting my credit

My credit score debt to ratio and mortgage loans

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 4, 2022

The first thing you need to do is send a dispute letter to each credit bureau enclosing your proof that the loan is paid in full. Access your credit reports at www.annualcreditreport.com those credit reports will have the address to send your dispute to. Send the letter certified mail so you can... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: What do I do of I received notice from district court for a Motion for Summary Judgment?

County is Mecklenburg,NC. Attorney representing Discover Bank for the amount of ~$2400. I have not paid on this for over 2 yrs due to financial hardship but debt is legitimate. Originally when I received communication from court, I filed an answer, but ever since then, I have received periodical... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 3, 2022

Thee is no wage garnishment for a judgment of this type in North Carolina. You have to file an Affidavit stating contested facts in order to keep from losing a Motion For Summary Judgment. It sounds like you can't honestly contest any of the facts. It won't do you any good to appear at... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: What motion would I file in civil lawsuit by debt collector to avoid answering interrogatories.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 6, 2022

Why do you not want to answer the interrogatories? There is no motion to avoid answering interrogatories at all. Interrogatories are a legitimate discovery tool. The proper procedure is to answer the interrogatories, but state your objections to the specific questions that you feel are irrelevant,... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Refile dismissed motion or something different?

I was sued for collection on an account I defaulted on. I answered the complaint and filed a motion to dismiss and compel arbitration. The plaintiff filed for a hearing today at 9:30. I got the schedule and my case was scheduled at 10:30. When I arrived at the courtroom my hearing had already been... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 31, 2022

You can refile the same motion. Talk to the Clerk's office before filing it to see if you have to pay the Motion hearing fee again. If you have to pay another fee to request a hearing on the new motion, I suggest calling it an "Amended" Motion just to keep things straight. Good luck.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Does that law make them legally married, though? I’ve heard both yes and no, but nothing official.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 19, 2022

Please delete this question and post mre details. What law are you talking about and what facts are you asking about? You have not given us anything to base an answer on.

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is this legal?

I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 6, 2022

Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Do I have to continue to pay my home alarm bill?

My system is a 2G. It is out of date, and the alarm company cannot monitor it. They will not upgrade it unless I sign a new 5 year contract. I have 1 year left on the current contract. I plan to cancel it then. They won't let me cancel now without paying the amount still left for the remaining... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 2, 2022

You did agree to pay for the entire term, but if they cannot provide the service you contracted for, they breache your contract. I am assuming you signed up for an automatic bank draft or automatic credit card payment. Depending upon how much you are paying, you may decide to just let it roll... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I received a phone call yesterday about a payday loan from 2009 that was delinquent. One payment of $50 was made in 2018

The caller said they were going to garnish wages and file a judgment. In SC the statue of limitations is 3 yes. Can they still file this

judgment? The loan was in SC

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 17, 2021

This is most likely a scam, because wage garnishment for debt is not allowed in either North Carolina or South Carolina. The collector threatened to do something it has no legal ability to do in an attempt to get you to pay. Google "payday loan collection scam" and see how common this... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: A civil judgment was placed against me on September 6, 2011.

A civil judgment was placed against me on September 6, 2011. I have not made payments on that judgment and still owe the money. Last week I received a civil summons regarding that judgment. I am assuming since it has been 10 years that they are “renewing” that judgment. If I do not respond... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2021

Yes, you are absolutely correct. You should contact an experienced collection defense and consumer bankruptcy attorney for specific advice. Bankrupty may be the best option - or not. You need to understand all of your options, and a bankruptcy attorney will explain the pros and cons of all options.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What do I do if I am unable to get answers to questions about my registration from Vroom? It is impossible get info.

Purchased my vehicle through Vroom and took delivery on June 11, 2021. I was told my registration could take up to 12 weeks. I am still waiting and have found out they do not even have my title in hand. They have provided me with 4 temporary tags and as of November 8th my car will be unregistered.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 26, 2021

You need to contact the Department of Motor Vehicles License and Theft section. A nationwide car dealer was ordered to shut down in NC recently when they did this kind of tactic. Copy and paste this link https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx... Read more »

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I sue a dealership that sold me a used, faulty car and didn’t sign the paperwork?

I just got the car last year it’s been ongoing problems ever since. I signed the paperwork thinking they would sign after me but they left it blank.. I just noticed the blanks recently.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no "lemon law" for used cars in North Carolina. Most used car sales are "as is". Unless some warranties or promises were made about the car's condition, or you can prove through qualified expert testimony that the dealership knowingly and intentionally concealed... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for North Carolina on
Q: Can I sue me storage facility if my unit was broken into and it was no cameras facing the unit do to them being moved.

When the insurance company contact the office they hadn't even filed a report. Now they have increased my storage unit by almost 50 bucks. We have pictures of the locked being broke and none can tell us how long it has been this way.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 1, 2021

You can sue them, the question is, will you win? First of all, your insurance company may be willing to take the lead on this. It's called "subrogation". They sue the responsible party to try and get a judgment for the money they paid out to you on the insurance claim plus your... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: According to state law USC 1662B (North Carolina), am l actually required to make a down payment to purchase a car?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 14, 2021

USC is not a State law. "USC" stands for United States Code, which is Federal law. I cannot tell which US Code section you are referring to because you did not include the first section (--UCS----). However, there is no law, State or Federal, that requires a down payment to puchase a... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: What happens if newly sold travel trailer isn't claimed by new owner even after trying to contact him?

The actual sale was made during January 2021. I cannot locate the new owner. Only contact from new owner was in May 2021 was by text and stated "you can keep the camper".

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 10, 2021

I would set aside the money that was paid so that if he reaches back out to you, you can give him the money back. Did you give him the title or not? Print out the text message and make yourself some good detailed notes about what happened. If you listed iit for sale on a web site, print out the... Read more »

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