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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for North Carolina on
Q: Is an investor/trustee suppose to be listed anywhere on the original NOTE or DEED of a trust?

A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »

Timothy Denison
Timothy Denison answered on Feb 29, 2020

You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.

1 Answer | Asked in Consumer Law for North Carolina on
Q: A class action notice went to email spam and I have missed the opt-out date by less than 2 months. Can I still opt-out?
Adam Savett
Adam Savett answered on Jan 27, 2020

Generally no, but you can try. Part of it depends on the type of case, and part of it depends on how far along the case is. Sometimes, you will get a second opportunity to opt-out later on.

If you still want to opt-out, you need to follow the directions in the class action notice....
Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I file for civil damages against a fastfood restaurant in north Carolina for fraud and deceptive price advertising?

I order a dinner advertised for one price but am charged a higher price each time. I have brought this to the attention of several restaurant managers but they ignore my concerns and willfully continue to charge a higher price than what is advertised.

Adam Savett
Adam Savett answered on Jan 27, 2020

Based on these limited facts, I have a guess as to what is going on.

The advertisement you saw was probably a national ad for the fast food chain, or even a regional ad. At the bottom of the print ad, or at the end of the commercial, words along the lines of "at participating locations...
Read more »

1 Answer | Asked in Collections, Consumer Law and Contracts for North Carolina on
Q: How do I draft a letter disputing billing for a medical event or do I wait for collections before getting legal advice?

When I was admitted for treatment at the ER, I indicated that I had no insurance and wanted the minimum of care necessary to resolve the immediate issue. Instead it appears that they ordered a battery of very expensive tests that have no medical necessity. At the conclusion of my last conversation... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

No, you probably don't want to wait for collections because you could be one step closer to a default judgment if anything slips up. Additionally, based on how aggressive any collection efforts would be, attorney fees could be thrown into the mix. A North Carolina attorney could advise you best in... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Looking for the precedent case where a defendant was charged unlawfully for services that simply weren't rendered.

Internet trying to charge full month bill when I only had service 4 days. No written contract.

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

You'll find cases like that in a search, but before investing time doing so, it might be worthwhile to review the terms of the service agreement. It's possible that could be more applicable than general legal decisions. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

1 Answer | Asked in Civil Litigation, Consumer Law and Traffic Tickets for North Carolina on
Q: Is there a law about tacking on late fees for a speeding offense
Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 22, 2019

Of course. You don't think you get to blow off a ticket without bad things happening - do you?

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: If there is a judgement against me and a creditor places a lien on my property, can they force me to sell?

After a very lengthy unemployment following a layoff, I fell behind with a Bank of America credit card. They keep assigning it out to different collection agencies - it's on the third or fourth now. The debt is now two years old but they are still attempting to collect and being almost $29,000 I'm... Read more »

Paige Kurtz
Paige Kurtz answered on Sep 24, 2019

Any property that is in your name can be seized by the sheriff and sold to satisfy the judgment. This is not a private sale, but an auction. There are many steps that have to be completed before the creditor gets to this point and you may have exemptions available to you that might protect the... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I received a check for $500 as a gift from a friend that I know just went through bankruptcy.

The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?

Timothy Denison
Timothy Denison answered on Aug 14, 2019

No.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I sold a camper using Craigslist, I was paid in full. The buyer did not take the title and has not come back

It has been well over one month. They have not contacted me and I cannot reach them on the number they provided. They had originally planned to bring me a cashier's check and pick up the trailer and title that day but instead paid by personal check. They were supposed to come back on the weekend,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2019

One month is NOT enough time. FYI: Most Americans have "put things on layaway" for more than a month. Whatever your obligations may be they do not include selling the camper again--at least not until you have truly exhausted all possible ways to locate the honest buyer. Go get a copy of his... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: I went to a restaurant like fast food. I had a coupon for what I ordered and was told the price with the coupon I handed

Over my card and was charged another price which overdraft my account. I went back the next day and told them some of the employees through insults my way and the supervisor took my card to process the refund. 2 weeks passed no refund contacted them again and the manager states for me to bring my... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 28, 2019

Contact your card company and ask if they could assist in the matter so that you won't need to give your card out again. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents and Consumer Law for North Carolina on
Q: Took my 2002 vehicle to the auto repair shop and they created a car fire inside the car. Can I sue for more than value?

It's a 2002 Acrua RL with 129000 on it and in great shape. Their insurance wants to only give me Kelly Blue Book value for the car. The shop caused the fire inside of the car and admitted it. Now they want me to settle and I don't agree because I would have to purchase another car and make... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

Generally, in most states they only have to give you the retail value of the vehicle---even if that won't buy you what you lost. Check if that is so by contacting a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: If I believe my bank is incompetent in handling a $60 charge back for a hotel room is there anything I can do about it?

I went to a hotel, to get a room that costs $60 per night. The hotel has a policy that there is only 15 minutes within paying to either change rooms, or ask for a refund, and makes people sign a paper stating this, and does not let people look at the rooms first before deciding to pay. In my case,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Wow. It's too bad you did not anticipate any problem when this (very cheap) hotel made you sign an agreement not to complain about their cheap rooms unless you do it immediately. In any event, there is nothing you can do to force your bank to give you the $60 that the hotel kept. Why not consider... Read more »

2 Answers | Asked in Consumer Law, Contracts, Family Law and Real Estate Law for North Carolina on
Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?

Long story. I pay some Bill's and am working almost full time.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Sorry, but no. The law does not require parents to give any notice to their adult children before they kick them out of the nest. You might understand why someday--when you have adult children.

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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for North Carolina on
Q: Can I be sued civilly for a debt to wachovia bank from 2009?

I recieved a call from a person claiming to be a part of 'Larkin mediation'. He said that I owed wachovia bank 100$ back in 2009 and that If I do not settle for 400$, I will be served and brought to court for over 2000$. When I searched their phone # I get no results for a business. They have not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

This is a scam. Ignore these scammers.

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for North Carolina on
Q: I have been trying to do a short sale for over a year, after finally completed all of the process the mortgage company

Sold my loan, the new company is still affiliated with the old one, they stated that I have to start the process over, which will cause me to lose my buyer.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

This new trick is becoming all too common in the mortgage lending industry. Your best bet is to hire a good real estate lawyer and have them write a very strong letter to the original lender and the new lender warning both of them that you may take legal action against both lenders if necessary to... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on
Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3 children.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I had a car repossession March 2018. I've never received any notice or further documentation of an auction, receipt, etc

The only notice I ever received was how many days I have to get it back. It's been almost a year. No documentation. Nothing

Timothy Denison
Timothy Denison answered on Jan 4, 2019

It was likely sold and you have a deficiency balance against you. Check with the court to determine the status.

1 Answer | Asked in Consumer Law and Traffic Tickets for North Carolina on
Q: Got a call from a collector saying I never paid a toll fine in ga from 2015, over three years ago. Never got a notice.

Never got a notice from ga dot, what are my options

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 4, 2018

It is likely a scam. Verify that you owe the toll before you even consider paying - especially if they are asking you to pay by card over the phone.

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