Ask a Question

Get free answers to your Consumer Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: I need help writing a response letter to the court and the attorneys for a credit card debt. Can someone help ?
Melissa Averett
Melissa Averett
answered on Jan 2, 2016

Legal Aid of NC might assist you.

1 Answer | Asked in Divorce and Consumer Law for North Carolina on
Q: In North Carolina, if the decedent names an ex-wife as beneficiary of a life insurance policy what happens to policy?

My husband was killed and the beneficiary of his life insurance was left to his ex-wife. Their absolute divorce was granted in 2008. Is the ex-wife entitled to this policy?

Melissa Averett
Melissa Averett
answered on Dec 10, 2015

Yes, she is. It was his responsibility to change the beneficiary if he wanted to do so.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can a bank that financed a car loan tell me how many vehicles I can register?

I live in North Carolina.

I own one car already (out right no financing) and just financed a second car.

The bank is saying they can take away my financing if I register both cars.

Just moved from New Jersey so I would have to register two cars in North Carolina.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2015

That sounds quite ridiculous to me. Read the loan papers. Talk to a local attorney.

1 Answer | Asked in Consumer Law for North Carolina on
Q: We got approved for a mortgage loan with a automated underwriting engine with the mortgage loaner. My question is

because i think my husband misunderstood something or etc. If we are approved for the loan and are being told to gather up our w-2 forms and past 2 yrs tax papers while we starting house hunting. Why would my husband assume we have to pay off or get his old credit card wiped off his credit history... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 12, 2015

That bill from 7 years ago might be totally uncollectible and have no consequence at all. It apears that the statute of limitations on contracts in NC is only 3 years. You have to ask individual lenders about their own policies and procedures.

1 Answer | Asked in Consumer Law, Family Law, Products Liability and Real Estate Law for North Carolina on
Q: If there are no legal papers saying I am responsible for mortgage payments while my ex still lives in the home ?

She wanted the house over o u r son but still sees him I've given her $ for the payments 7 to be exact & she blew it on drugs and says I'm still responsible for future and past payments. I don't want to pay anymore what should I do?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Look at the mortgage, it probably says that you are responsible to make payments. Was there a divorce? That may not say that you do not have to make the payments, and you cannot just change that mortgage unilaterally without the mortgage company's approval. In other words, you are most likely... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I just bought a 2007 Nissan Altima off the lot of a Used car dealership. They lied in the paperwork stating we gave them

a down payment of $500 when we haven't given them a penny. We drove it off the lot and they said we have 30 days to give them a down payment. We found out that we aren't even approved with a bank yet, and if we are then it is simply because they lied to the bank and gave them $500 that we... View More

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Talk to a local consumer protection lawyer. A strong letter from a lawyer might help resolve this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Parent died without any provisions, huge amounts of debt. Are adult children responsible?

My husband father died suddenly at 55. All children are grown and have their own homes and families. He had no provisions for this. We have found out that the house was scheduled for foreclosure, numerous unsecured loans, medical debts totaling over 200K. Are the adult children responsible for any... View More

David B. Levin
David B. Levin
answered on Jul 8, 2015

Adult children are generally not responsible for the debts of a deceased parent, and a debt collector who claims that they are obligated to pay those debts may be violating consumer protection statutes and liable for damages.

Note, however, that the estate of the deceased is liable for...
View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Car dealer is suing me for a car loan from 2011 that defaulted and sent to collections 9/1/2011 is this legal?

I never received notice that they sold the car but it went on my credit report in September 2011 for the amount they lost from the auction can they try to sue me now 2015? Looks like they waited until I bought a home to try and sue.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

One aspect to this is what the statute of limitations is for their claim in your state. A local debt settlement or civil litigation lawyer should be able to advise and assist.

1 Answer | Asked in Consumer Law for North Carolina on
Q: If I have a personal unsecured loan with a Bank. For any reason if I lose my job and cannot repay the loan can the Bank

File a lien against my residence or land I own free and clear or would the Bank file a judgement against me which would follow me, so if I sold a property or my residence the Bank get paid first?

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

Banks do not file liens. If you owe money to the bank and don't pay the bank may turn over the debt to a debt collector. Eventually, the bank may sue you and if they do, they will probably recover a judgment unless you have some sort of valid defense. If and when that happens, then the... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Do i have any recourse to lender who turned me down one day before closing
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 11, 2014

Without knowing any of the details I would have to say no. There is no right to get a mortgage. And if you expended any money (earnest money, appraisal fees, inspection fees, these are incidental and consequential damages and are usually not recoverable).

Why were you turned down? Could...
View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received a letter saying a writ of execution (in North Carolina) outstanding sent back pymt. what do i need to do?

Protect my home i am elderly. i have been sending money to them monthly. Is there anything i can do

Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 17, 2014

Why are you sending the creditor money or making payments? If all of your assets are exempt and you filed your exemptions, making payments is dumb. There is no reason to do it. Its better to make the payments to yourself and build up funds so that you can settle the debt at some... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I paid over 5,000 in rent to own and now the land has changed the contract. Have I lost my money?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

How can land (an inanimate thing) change a contract? If you meant the landlord, how can the landlord change a contract either?

You need to go see a lawyer and pay the lawyer to review your documentation.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Is there a resend law in NC concerning buying a used car from a used car dealer?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

What is a "re-send" law?

What are you looking for? There are provisions in the Motor Vehicle Code (Title 20 of the NC Gen. Statutes) that deal with transferring a used motor vehicle that is either a flood/salvage/rebuilt vehicle or vehicle that has been in a wreck and damaged. The...
View More

2 Answers | Asked in Consumer Law for North Carolina on
Q: My bank will not reimburse me for debit card fraud against my account, legal recourse?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Aug 16, 2013

You do not provide enough facts. You used your debit card. How soon after discovering the fraud did you notify your bank? There are time limits. With a credit card, you have 60 days after the charges appear to dispute them. Not so with an ATM card. You have 2 days to dispute this with your... View More

View More Answers

1 Answer | Asked in Consumer Law for North Carolina on
Q: Salesman lied about condition of used suv. Vehicle purchased in VA. Do I consult with a consumer attorney in NC or VA?

Vehicle check engine light came on same day of purchase shortly after leaving the dealership.Strong smell of oil continued to get worst, vehicle leaking oil and coolant. Paid $9,995 for vehicle and repairs are $10,149.79.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Virginia. If the car was sold in Virginia then Virginia law is going to govern here.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Our sellers won't move by contract date. What are our options?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 18, 2013

You do not post enough information. Has the closing occurred? If so, then ownership of the property passed to you. In that case, the sellers are basically your tenants and if they will not leave the property then you would have to evict them or they can pay you rent - depending on how badly you... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Woman and i bought auto, both names, never married, i have made all payments, how do i get back, in her possession
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 14, 2013

Buying anything with another person to whom you are not married is a BAD idea. So she has the car and you have made all payments? Who name is on the car loan? Is the car paid off or still financed? Most importantly, whose name is on the insurance?

If your name is on the car loan, then...
View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Bought a used car as is yesterday. Within minutes several issues. Does 3 day contract termination apply?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

There is no 3-day right of rescission regardless of whether you buy a car new or used.

1 Answer | Asked in Consumer Law for North Carolina on
Q: A debt has passed statue of limitation but is in the hands of a collection agency. What are my rights as a consumer?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

Its not against the law for a collection agency to try to collect on the debt. Your right is to send a dispute letter under the fair debt collection practices act and state law advising that you dispute the debt as you believe the debt may no longer be legally collected due to expiration of the... View More

2 Answers | Asked in Consumer Law for North Carolina on
Q: Do buyers have a right to cancel a contract in North Carolina?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

It depends. What kind of contract? Some provide for rights of cancellation in the contract. In such case, cancel as per the contract terms.

Was this for purchase of a car? There is no right to cancel then.

Was this an in-home sale? If so, then there is a 3-day right of...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.