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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is this legal?

I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... View More

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

Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Do I have to continue to pay my home alarm bill?

My system is a 2G. It is out of date, and the alarm company cannot monitor it. They will not upgrade it unless I sign a new 5 year contract. I have 1 year left on the current contract. I plan to cancel it then. They won't let me cancel now without paying the amount still left for the remaining... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 2, 2022

You did agree to pay for the entire term, but if they cannot provide the service you contracted for, they breache your contract. I am assuming you signed up for an automatic bank draft or automatic credit card payment. Depending upon how much you are paying, you may decide to just let it roll... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I received a phone call yesterday about a payday loan from 2009 that was delinquent. One payment of $50 was made in 2018

The caller said they were going to garnish wages and file a judgment. In SC the statue of limitations is 3 yes. Can they still file this

judgment? The loan was in SC

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 17, 2021

This is most likely a scam, because wage garnishment for debt is not allowed in either North Carolina or South Carolina. The collector threatened to do something it has no legal ability to do in an attempt to get you to pay. Google "payday loan collection scam" and see how common this... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: A civil judgment was placed against me on September 6, 2011.

A civil judgment was placed against me on September 6, 2011. I have not made payments on that judgment and still owe the money. Last week I received a civil summons regarding that judgment. I am assuming since it has been 10 years that they are “renewing” that judgment. If I do not respond... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2021

Yes, you are absolutely correct. You should contact an experienced collection defense and consumer bankruptcy attorney for specific advice. Bankrupty may be the best option - or not. You need to understand all of your options, and a bankruptcy attorney will explain the pros and cons of all options.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What do I do if I am unable to get answers to questions about my registration from Vroom? It is impossible get info.

Purchased my vehicle through Vroom and took delivery on June 11, 2021. I was told my registration could take up to 12 weeks. I am still waiting and have found out they do not even have my title in hand. They have provided me with 4 temporary tags and as of November 8th my car will be unregistered.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 26, 2021

You need to contact the Department of Motor Vehicles License and Theft section. A nationwide car dealer was ordered to shut down in NC recently when they did this kind of tactic. Copy and paste this link https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx... View More

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I sue a dealership that sold me a used, faulty car and didn’t sign the paperwork?

I just got the car last year it’s been ongoing problems ever since. I signed the paperwork thinking they would sign after me but they left it blank.. I just noticed the blanks recently.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no "lemon law" for used cars in North Carolina. Most used car sales are "as is". Unless some warranties or promises were made about the car's condition, or you can prove through qualified expert testimony that the dealership knowingly and intentionally concealed... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... View More

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1 Answer | Asked in Consumer Law and Products Liability for North Carolina on
Q: Can I sue me storage facility if my unit was broken into and it was no cameras facing the unit do to them being moved.

When the insurance company contact the office they hadn't even filed a report. Now they have increased my storage unit by almost 50 bucks. We have pictures of the locked being broke and none can tell us how long it has been this way.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 1, 2021

You can sue them, the question is, will you win? First of all, your insurance company may be willing to take the lead on this. It's called "subrogation". They sue the responsible party to try and get a judgment for the money they paid out to you on the insurance claim plus your... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: According to state law USC 1662B (North Carolina), am l actually required to make a down payment to purchase a car?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 14, 2021

USC is not a State law. "USC" stands for United States Code, which is Federal law. I cannot tell which US Code section you are referring to because you did not include the first section (--UCS----). However, there is no law, State or Federal, that requires a down payment to puchase a... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: What happens if newly sold travel trailer isn't claimed by new owner even after trying to contact him?

The actual sale was made during January 2021. I cannot locate the new owner. Only contact from new owner was in May 2021 was by text and stated "you can keep the camper".

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 10, 2021

I would set aside the money that was paid so that if he reaches back out to you, you can give him the money back. Did you give him the title or not? Print out the text message and make yourself some good detailed notes about what happened. If you listed iit for sale on a web site, print out the... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 27, 2021

You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for North Carolina on
Q: What are reasonable deductions to hold from a security deposit?

I have a tenant that is wanting security deposit back, we have itemized damages done to home by an animal and are not charging tenant for normal wear and tear. The tenant is being charged a move out clean because home was not cleaned. Animal ripped siding off of back of home tenant never replaced... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 4, 2021

NCGS 42-50 is the statute that requires the trust account for a deposit. There is no case law interpreting penalties for failure to comply. NCGS 42-51 outlines permitted uses of the security deposit and NCGS 42-52 outline your obligations. So long as you are passing along actual cost and not... View More

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: If my contractor is not finished by the end date, can I terminate his employment?

Contract date is 6-8 weeks, start date 13 April, so end date is 8 June

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 3, 2021

This is impossible to answer without a review of the entire contract. 6-8 weeks is pretty vague. There are no doubt other terms of the contract. Any attorney who would say "yes" is letting you, a non attorney, interpret what part of the contract is important and what part is not... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... View More

2 Answers | Asked in Consumer Law and Criminal Law for North Carolina on
Q: Can you receive a copy of your citation showing that it was dismissed
Bill Powers
PREMIUM
Bill Powers
answered on Apr 10, 2021

GOOD QUESTION

If dismissed, a copy of the Dismissal will ordinarily be in the official court file. In Charlotte, defense lawyers may call that the "shuck."

Indeed, the dismissal itself is often written on the front of the citation by the prosecuting attorney (the...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can an airline change a published price on the fly
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 9, 2021

Most likely, yes they can. There is always "fine print" associated with airline fares and they can charge different amounts based upon the time of day, day of the week, % of seats filled on the flight, etcetera.

2 Answers | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: I brought a burger from a restaurant and the wrapper smell like urine. What lawyer's will be best to handle my case
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 26, 2021

A personal injury attorney. If you did not become physically ill, require medical attention or psychological counseling, your recovery won't be a whole lot. A personal injury attorney can explain the details.

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