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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: I was approved for a 5000 loan but I was asked to make 3 upfront payments. Is this a scam or a collateral loan
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 14, 2022

It sounds like a scam. A typical loan requires NO "up front" payments. Do NOT send any money without receiving, reviewing and signing a complete promissory note or loan agreement that describes how much the payments are, the interest rate, and the total amount to be paid back. This is... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... Read more »

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

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Does the Lemon law protect used vehicles purchased under Warranty?

7/15/ 21Purchased 2018 Yukon denali XL from a GM dealership for $67,573 & 34,921 miles

6/08 Vehicle started shaking while idle. I received a low oil alert on my phone. Checked oil & it was 75% full.

6/13 Took vehicle to mechanic to have the idle issue looked into. While... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

The Lemon Law only applies to new vehicles. However, you may have claims against the dealer or manufacturer because of the warranty issues. The Magnuson-Moss Act may apply. If you also purchased a service contract, additional claims may apply. You need to take all of the purchase and warranty... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I make Walmart pay for the repairs to my car?

On 07/06/22 my check engine light came on on the way to work. After work I went AutoZone to get the code read it said it was an evap leak I then went to Walmart for an oil change after the oil change my cars oil pressure was low they told me it was because they didn’t reset the oil change... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 28, 2022

You can try, but it is very unlikely Walmart will agree to pay the cost soon enough to get your car repaired - even if they agree. You will have to pay for the repairs yourself and then seek reimburement from them. The reason is because it is not crystal clear that WalMart is responsible. Your... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: How far are towing companies allowed to have your car towed and impounded from the destination it was towed from?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 17, 2022

It varies by city and county in North Carolina. Some cities and counties prohibit towing further than 15-25 miles.

1 Answer | Asked in Consumer Law for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?

Lynn Ellen Coleman has already answered this question for me. Thank you, Lynn. My question now is what are the non bankuptcy options with this?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 21, 2022

Unfortunately, it is impossible to answer this question in a public forum like this because a detailed analysis of your financial situation - income, expenses, assets, and debts - will be required. You do not want to expose that kind of personal information on a public forum. I can say in very... Read more »

1 Answer | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: My car is collateral for a loan I have with one main financial company. Can I voluntarily surrender the car?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 20, 2022

This will have a negative effect on your credit. You can try to voluntarily surrender the car. OneMain is NOT required to take the car in satisfaction of the loan. They can refuse to come pick up the car or take the car. They also don't have to release the lien on the title if they refuse to... Read more »

1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: Can I sue vivint for soliciting? I have a sign on my front door
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 14, 2022

How were you damaged by the solicitation? Were you only inconvenienced, or did you suffer severe mental or physical pain and anguish? Unless you were severely affected, it isn't worth suing. You can't sue an out of state company in small claims court, you would have to sue in District... Read more »

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 »

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