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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: There's a longer story, but my basic question is how long can a trash service leave their trash can in my yard?

I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 30, 2023

I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: my ssn and credit and also trading my vehicle. They are still asking for a cash down payment. How should I cite TILA?

By law am I required to still put a cash down payment?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 14, 2022

A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.

TILA does not mean they cannot require a cash down payment. TILA...
Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Trade It, a local pawn shop, sold me a gaming laptop that overheats in TJUNCTION. I returned it next day but now…

But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 13, 2022

This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... Read more »

Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... Read more »

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

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: Name of the Motion to substitute one exempt vehicle for a used vehicle purchased due to change in circumstances?

Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... Read more »

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

The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Consumer Law and Contracts for North Carolina on
Q: I put down money to lease a car a year ago. Do I have the right to reseind and keep that car? Cash & consumer credit mix

They told me I have to make a down payment to get a car and have car insurance beforehand. I was reading up thats possible to get your money back if you write a letter outlying the codes they violated.

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

I'm not sure where you read this, but requiring a down payment on a lease and proof of full coverage insurance is not illegal. Any right of recission would exist immediately after you signed the contract, and only for a limited time. You are asking if you can sign a long term contract, pay on... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Hi. Do we have a case against a car company who's giving us alot of red tape to get our car back after we have paid what

We owed last last Friday? 1st they said the car was already on auction to be sold. After we paid everything they said 5-10 bus days, today they said maybe tomorrow. Another person is now saying the car is in Charlotte. NC. and it will take another 10 days to do paperwork before we can come get the... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 27, 2022

Unfortunately, this is too complicated to answer online. If all you have been getting is verbal reassurance from the lender, you may be in trouble and the car may already have been sold. You need to get something in writing from the lender. Contact a local attorney for assistance with the specific... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 25, 2022

If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... Read more »

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 »

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