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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: I bought a used motorcycle from a dealer cash outright. The dealer does not have the title yet.

My temp tag is expiring soon and I don’t yet have a tag or title. The dealer is saying they need more time to get the title. What should I do next?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

I assume the bike has an NC title. If it has been more than 60 days since you purchased the vehicle, they have not delivered the title on time. They were required to disclose to you in writing they did not have the title in their possession when you bought it. If they don't give it to you... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for North Carolina on
Q: We have a Jeep that is less than 2 years old that we have now sunk about $6,000 in repairs. What is our recourse?

There was a recall on the clutch and we fixed that issue before the recall and are trying to get reimbursed. The same issue has happened though on top of other issues. The car is used to and from work and normal use. It is only about 18 months old and we have sunk about $6,000 repairs on a brand... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

I assume you purchased the vehicle new. If you purchased a used vehicle, the lemon law does not apply. Here are the basic lemon law details for a few vehicle.

The problem occurs in some part of the vehicle that is covered by the manufacturer’s warranty and you are within the warranty...
Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for North Carolina on
Q: Can I rebottle a brewery's bulk hand sanitizer into smaller sizes (2oz, 5oz, etc.) and sell to biz's with permission?

I talked to a brewery about buying their WHO 80% Alcohol Formula in bulk and selling it to businesses within the triangle area in NC. I want to see what legal issues there may be and how to avoid getting into trouble.

My email to the brewery was:

"Good morning!

I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

A North Carolina attorney could advise you best, as state law issues could be applicable, but your post remains open for a week. One issue that you could consider is posing this question to a trademark attorney, as that category is not included in the selections made. You are selling someone... Read more »

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for North Carolina on
Q: Is it legal for me to use another company's logo on my ad/website?

I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

Evelyn Suero
Evelyn Suero answered on Jun 3, 2020

Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for North Carolina on
Q: A Judgement was filed against me for credit card debt how do I need to respond?

It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... Read more »

Paige Kurtz
Paige Kurtz answered on Jun 2, 2020

It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Cancelled contractor's contract and he is threatening me with breach of contract.

I fired a contractor and cancelled the contract because his work was shoddy, did not meet code and he was not performing. We paid a deposit of $850. The total contract is for $1,650. He only performed a very small part (removing existing stairs). He said I'm in breach and owe the balance... Read more »

Paige Kurtz
Paige Kurtz answered on May 29, 2020

If the contract was terminated, the contractor is entitled to the reasonable value of his services. It is unlikely that the remaining balance due on the contract would be due to the contractor. Yes, you can file an action in small claims to recover the difference between what you paid and what the... Read more »

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: How does the constitution prevent Congress from passing unreasonable law
Tim Akpinar
Tim Akpinar answered on Apr 30, 2020

'Good question. The test is generally more about "constitutionality" than reasonableness. The Supreme Court has the power to deem laws unconstitutional, under certain tests it applies. If you're interested in learning more about this concept, research terms along the lines of:... Read more »

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: What can I do if Bank refuses to refund money after submitting claim

I made a purchase Over the Internet, MY Item never arrived, My Financial Institution refuses to refund my money after I submitted a claim.

Telling Me I have to work it out with Vendor.

Stated in Claim I tried Multiple times to resolve with Vendor to NO AVAIL.

VENDOR... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

Why on earth do you think that your bank--that had nothing to do with your decision to get scammed--should have to indemnify you for your loss? Can you imagine what would happen if EVERYONE who gets scammed by some thief over the Internet could just asak their bank for the money? Where would the... Read more »

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... 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... 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... 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... 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... 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.

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