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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: Is the auto shop Midas liable for my damages and expense?

I took a car driving perfect into Midas to have spark plugs changed they changed all 6 and 1 coil. Then I drove it from NC to FL and broke down on the side of the road. I had it towed to another Midas and they said the catalytic convertors had blown and needed replacing after further inspection... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

I'm not hearing why or how the catalytic converters "got blown" and why you need a new engine.

In order to make a claim you will need a mechanic to say what it is that caused the damage to your vehicle. To do that someone needs to say and explain how it happened. You change 6 plugs and a...
Read more »

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Environmental for North Carolina on
Q: My house was sprayed with the wrong chemicals for termites and now I can no longer live in my house can I sue?

Received a community grant for home repairs. General contractor hired someone to spray my house for termites. This was Oct of 2017 and I have not been able to live in my house since. The chemicals cause me to cough, wheezing, eyes watering, and headaches. Call state in it was determined the wrong... Read more »

Bill Powers
Bill Powers answered on Mar 8, 2018

You need help from a CIVIL LAW attorney, preferably someone experienced handling Breach of Contract and Negligent Performance of a Contract legal issues.

Sorry to hear about your house!

Bill Powers

1 Answer | Asked in Consumer Law for North Carolina on
Q: I received a Civil Summons for cc debt with Wells Fargo. What should my 1st step regarding the paperwork? it is $6330.00
Will Blackton
Will Blackton answered on Feb 15, 2018

Once a lawsuit has been commenced against you, if you fail to respond appropriately - you lose the lawsuit.

Your first step should be contacting an attorney. If you're unsure of how to find an attorney or would like an attorney to only assist you in answering a limited set of questions...
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1 Answer | Asked in Consumer Law, Civil Litigation and Collections for North Carolina on
Q: I have a judgement against me that is 3 years old. I bought a house can the creditor put a lien on my house?
Paige Kurtz
Paige Kurtz answered on Feb 12, 2018

Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

1 Answer | Asked in Civil Litigation, Consumer Law and Collections for North Carolina on
Q: Are creditors required to notify defendents if they renew a default judgment?

Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd, or 4th... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 1, 2018

If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

1 Answer | Asked in Consumer Law and International Law for North Carolina on
Q: Advice

The person who owns the Bronosonic trademark is taking money from people online for neon signs via Neon Signs in US and not shipping them out. The address they've listed on their website doesn't exist and I've tracked the IP address of their emails to China. Can you help?

Richard Sternberg
Richard Sternberg answered on Jan 22, 2018

It depends on the contract. If you have the right to sue in the US, you might get a default judgment and then execute on the trademark, though that will be complicated. You might then be able to get a restraining order on the web server advertising your trademark, and then go into the Bronosonic... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: How many times can a judgement be renewed in nc

In 1996 I had a judgement against me for the first time from a car I purchased in 1995. I thought I would wait the 10 years and in 2006 they renewed the judgement. I was told they could do this only once so I waited another 10 years. In 2016 they served me with another judgement. Is this legal for... Read more »

Paige Kurtz
Paige Kurtz answered on Jan 22, 2018

A judgment can only be renewed once for a maximum of 20 years on the judgment. An attorney would need to review the documentation filed in 2016 to see what options are available to you in terms of resolving the 3rd judgment.

1 Answer | Asked in Bankruptcy, Consumer Law, Divorce and Real Estate Law for North Carolina on
Q: Can I remove my name from the deed of a home that I own with my spouse in NC?

My husband and I can't agree on several important issues, including income requirements for our family, and I'm planning to file for divorce, giving up the home to him in the decree. Given the possibility of a lengthy divorce, I'd like to remove my name from the deed before filing so that I can... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 22, 2018

You can certainly file a quit claim deed releasing you from the property. However, you'd likely be giving up a major source of leverage against him in the divorce if you plan to do this before filing. Also, it seems you are likely still living together in the house. If so, you will not be... Read more »

1 Answer | Asked in Criminal Law and Consumer Law for North Carolina on
Q: If you are accused of shoplifting how long does that store have to serve you a no trespassing order can they wait severa
Steven Saad
Steven Saad answered on Jan 2, 2018

Asking that someone accused of shoplifting not be allowed into a private business really has no connection to the criminal charge. The owner or manager could in essence trespass that person years after the criminal case is resolved.

1 Answer | Asked in Traffic Tickets and Consumer Law for North Carolina on
Q: I got a ticket for aiding and abetting cause I let someone drive my car under age. Will that raise my insurance price
Kristen Dewar
Kristen Dewar answered on Dec 16, 2017

This ticket is a misdemeanor as well - insurance is one thing, but this charge is also criminal. Contact an attorney in the county where you were charged to represent you.

1 Answer | Asked in Consumer Law for North Carolina on
Q: May I use a credit card (or cards) to purchase a new car at a North Carolina dealership? I have adequate credit limit.
Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Up to the dealer. Don't see why not.

1 Answer | Asked in Family Law, Consumer Law and Health Care Law for North Carolina on
Q: my boyfriend ordered a DNA test online and we later found out it was a scam and they falsified results

a doctor signed the results can they get in legal trouble

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 2, 2017

Sure if you can prove it and have the funds to locate and undertake a suit against them and / or can find some group or agency willing to go after them in a civil and / or criminal capacity on your behalf. Best of luck.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I have a loan with a company haven't missed a payment make my payment on the 14 of every month like agreed but the

Company repossessed my car last night on the 13 found out from sheriff's office can they do that or is that a breach of contract

Paige Kurtz
Paige Kurtz answered on Oct 16, 2017

If you are not in default of the contract, the vehicle cannot be repossessed. There may be other terms of the contract that can cause a breach other than missing payments. Things like the failure to insure the car probably cause a breach of the contract, but it will depend on the terms of the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: My husband has about 25K in unsecured credit card debt he cannot pay. I understand that the credit card company may file

and receive a judgment but all of our assets are joint. Will they be able to collect ?

Paige Kurtz
Paige Kurtz answered on Oct 10, 2017

Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy... Read more »

1 Answer | Asked in Contracts, Collections and Consumer Law for North Carolina on
Q: I am located in North Carolina. Can a credit card company seize personal property to satisfy the unsecured card debt?

The credit card company did take out a judgement though the courts.

Paige Kurtz
Paige Kurtz answered on Sep 20, 2017

If the credit card company has obtained a judgment against you, it can use real or personal property to satisfy the judgment. Once the 30 day appeal period passes, if the creditor is going to pursue collection of the judgment, they must send out Notice of Rights to you. This will include a Motion... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for North Carolina on
Q: Can a default judgment be granted on me from a creditor legally without my knowledge?

I was in prison when granted. N issued. Now out and was served to list my exemptions. But all time to appeal n plead my case has passed. How is this legal without me being able to plead my case or argue the fact that the balance is more than what I actually owed. Also I'm the co signer..

Cameron Lambe
Cameron Lambe answered on Aug 22, 2017

In order to obtain a default judgment, the creditor must have been able to show the court that you were served. There are many ways to serve someone, but typically if someone is in prison, the summons and complaint are delivered to the appropriate authority at the prison and delivered to the... Read more »

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: I was dating a man in TN and I live in NC and I was in desperate need of a car and he paid cash for a used one.

Then we went our separate ways. The insurance and title are both in my name. His name is NOT on anything. There are NO liens on it either. My question is can he take the car away from me if we are not together any more?

Cameron Lambe
Cameron Lambe answered on Aug 3, 2017

Typically, a gift cannot be revoked by one party unless there were certain terms attached to the gift that have not been met or if it was agreed that the gift could be revoked. As long as there were no other agreements attached to you keeping the car, it is likely a valid gift to you. Of course,... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: I paid a $400 deposit for the purchase of a puppy (oral contract). Is this contract void by the NC Statue of Frauds?

Full purchase price would have been $800. The puppy died in the breeder's care before delivery, but they refuse to repay my deposit. I have two witnesses that will confirm that the breeder never used the tern non-refundable when discussing the deposit. I also have a signed, handwritten receipt from... Read more »

Paige Kurtz
Paige Kurtz answered on Jul 25, 2017

The Statute of Frauds is an affirmative defense that must be raised in order to be applicable. It may be possible to pursue this matter in the small claims courts. However, it would have to be filed in the county in which the defendant resides. Otherwise, if you want to file it where you live, it... Read more »

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