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North Carolina Consumer Law Questions & Answers
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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2 Answers | Asked in Consumer Law and Collections for North Carolina on
Q: How can someone properly respond to a summons that is out of state?

My SO lives with me in North Carolina for almost two and a half years now. Her mother was served a summons & complaint at her home in New York regarding a debt collector attempting to get a judgement against her. A couple of questions:

1. Was she properly served?

2. The summons... View More

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Feb 12, 2021

1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... View More

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1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: Walmart is refusing to uphold their “Satisfaction Guarantee” on a box of coffee. How can I go about this?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 2, 2021

Complaint to corporate. Give negative ratings on the product and on the store. You can't sue them in small claims because they are not an NC corporation. Court costs alone for District Court are over $150.00. The money you lost is not worth filing a lawsuit over. Stop giving them your... View More

2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: I brought a tanning bed from online.i only gave 2000 for it.my payments was 80 a month.i got the bed in 2018.i made the

Covid hit.i lost my job and ended up having surgery too and couldnt work.the last couple of months i been paying 25 a month on it but they have hit me with late fees and i only gave 2000 or so for bed.now i owe 6000 thousand for a tanning bed.if i cant pay on it anymore due to being layed off from... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 25, 2021

Ms. cameron is correct. I would just add that they can't garnish your wages with a North Carolina judgment. If you bought the bed in NC its likely if you were sued, they would sue you in NC. If you bought the bed in TN or VA, wage garnishment is allowed if they sue you there and get a judgment... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Our HOA received money from FEMA after a hurricane 3 years ago. HOA won't release how they allocated that money.

They mishandled the money, and many units are still unfinished. How can we get them to release those documents showing how they spent the money, which was supposed to go to the condo owners.

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

You read your condo declarations and follow the procedures outlined therein to request inspection of the books and records. Follow them to the letter. Make written demand to the correct address and get proof of delivery, for example. If they do not comply, follow the procedures to put questions or... View More

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Hi I received a check on the mail pertaining to this case and I wanted to know if I could take further action ?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 13, 2021

Please repost your question with more specifics. What kind of check and what "case"?

1 Answer | Asked in Civil Litigation, Real Estate Law and Consumer Law for North Carolina on
Q: Can i just be kicked out because im not on the lease?

I have been staying with my mother and her boyfriend for years now being they're older and dont drive. while not on the lease but the landlord has known have been recieving mail for years there also. So can the landlord just all of a sudden for no reason say im not allowed over there or is... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 20, 2020

If the persons who are legally obligated on the lease have a written lease agreement, that agreement controls. Typically that written agreement says how many people can occupy the premises and who is authorized to reside there. That written agreement states how changes can be made. So, your first... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: If a vehicle was bought and was supposed to have a lein on it but the title came in clear and with no lein recorded

Then the vehicle was sold and the loan company found out. What are the actions they can take civil, criminal? Can the owner be charged with a crime?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 23, 2020

The vehicle owner signed a contract with the loan company, so the owner still has to pay off the loan. If the loan is not paid, the loan company can bring a civil lawsuit to get a judgment for money owed. Criminal charges are a possibility but without more facts, this is difficult to assess. If the... View More

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: My contractor is saying there is a law in NC for a 50% percent deposit for remodeling. Is this true?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 5, 2020

There is no such law requiring a minimum 50% deposit. You will find the following information about hiring a contractor: https://www.nclicensing.org/consumerAwareness.asp (copy and paste the link into your browser).

2 Answers | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Can paypal legally keep my deposit that was put in my wife’s account

My wife and I had our federal Tax return deposited into her paypal account. Since then they have put limitations on the account, while trying to life those limitations we discovered that in order to do direct the deposit The first name on the deposit is supposed to match that of the account holder... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 6, 2020

They can hold it, but once it is proven that she was authorized to accept it, they should release the funds.

1 Answer | Asked in Consumer Law for North Carolina on
Q: In the state of NC when trading a vehicle to a dealer, do I disclose engine or transmission replacement on damage dis?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 6, 2020

If your vehicle is 5 years old or newer and the damage was over 35% of the value you must disclose.

1 Answer | Asked in Consumer Law for North Carolina on
Q: I own a restaurant and grocery delivery service in North Carolina. Can a restaurant force me to take their menu off

Can they force me to take their menu off of my site and not accept orders from them?

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2020

A North Carolina attorney could answer best, but your question remains open for three weeks. As a general matter, elements of North Carolina law aside, they could sue. Whether they prevailed would be up to a court, but they could argue that they want association only with a given delivery service,... View More

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