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North Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Intellectual Property for North Carolina on
Q: I have been denied the purchase of fastpitch softball bats by the manufacturer. My question is can they do this?

I was purchasing bats from a authorized retailer and then providing them to kids who may not have been able to afford them. Sometimes for free and sometimes for a reduced cost. Never did I make a profit or was I trying to. Now the manufacturer has denied me from purchasing any products they sell.... View More

Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as... View More

1 Answer | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: Civil summons for credit card debt. Do not know what to do. Will lose job if garnishment. What do I do

Can make payments now

Will Blackton
Will Blackton
answered on Apr 26, 2017

Contact 2-3 attorneys in your state with creditor-debtor law and civil litigation experience. Describe your situation and ask how they can help. Hire the attorney with whom you get along the best and trust.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Q: My mother in law wants to sign over her house to me and my wife. It is paid off, and she is of clear state of mind.

She has fallen behind on some bills and does not want her house to be taken. I have severe preservations about this. It seems to cut and clear.

Paige Kurtz
Paige Kurtz
answered on Mar 23, 2017

You should consult with a real estate attorney who can advise you on the best method to complete the transfer and any issues that might arise because of your concerns. If you have concerns about a relative questioning the state of mind of the mother, you may also want to consult with an attorney... View More

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for North Carolina on
Q: I purchased a large quantity of liquid screen protector, and the product does not work. Do I have a right to return it?

I purchased ~$6k worth of the product, and subsequently found that it does not provide the protection that the manufacturer (a North Carolina entity) claimed. They have ignored my request to return the product, but I cannot sell something that I know doesn't work. In light of their refusal to... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Breach of express and implied warranties or if you talked to them, warranties of fitness for a particular person. If you purchased because they advertised over there, you may be able to sue over there. Otherwise, you have to come here. You don't get travel expenses.

1 Answer | Asked in Small Claims and Consumer Law for North Carolina on
Q: My husband has a payday loan in Texas and is now being sued in North Carolina, can they do that?

The loan was done back in 2015

Will Blackton
Will Blackton
answered on Mar 1, 2017

If your husband is a NC resident and no longer travels to Texas, filing suit in NC is really the only way to do that.

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Are there any rights a consumer or business owner has if you've signed a confession of judgment

Can the confession of judgment be given more time if you don't have all the money for a lump sum settlement with a creditor? I don't want it on my public record or credit but additional time is needed. Will the court contact me before a confession of judgment is submitted or do I ask them... View More

Paige Kurtz
Paige Kurtz
answered on Feb 28, 2017

If you aren't in compliance with the agreement you made with the creditor then the creditor can file the confession of judgment.They and the clerk are not required to give you any notice, unless you have a written payment agreement which requires the notice. You'll need to contact the... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: How do I renew a judgment against someone in NC when I don't have their current address?
Paige Kurtz
Paige Kurtz
answered on Jan 26, 2017

You will need to be able to serve the party at some point, with the renewal of judgment. If you are coming close to your deadline, you should go ahead and file the renewal. Then you'll need to attempt service in any manner possible. If all other options fail and after you have tried all other... View More

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Q: I have been with my children's father for 8 years now and we are renting a home from my landlord. She is giving us a..

Mobile home just as long as we move the trailor. In North Carolina, Are there any laws that we both can't be on the title if we are not married? We have 3 children together. Please Help????!!!!!!!!

Ben F Meek III
Ben F Meek III
answered on Jan 19, 2017

You can both be on the title as owners. And you can continue to live together unmarried for as long as you want. But be aware that if you or he have other children by prior unions, those children may be entitled to inherit if one of you dies. And if one of you is injured or becomes ill, it may be... View More

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: A civil action was filed against me for credit card debt (NC). I owe, but can't pay. What is my first step to take?

This is in Carteret County. I was making minimum payments for over 10 years, but then my fiancee was out of work for a year. I changed jobs resulting in a pay cut of half my yearly income. I have been trying my hardest to dig myself out of debt, to no success as my financee had not found steady... View More

Paige Kurtz
Paige Kurtz
answered on Nov 23, 2016

If the civil action was filed, you should have received a summons and complaint. You have 30 days to file an Answer with the court (a 30 day extension can be obtained). If you owe the debt, the creditor will likely obtain a judgment against you, its just a question of when. I would file an answer... View More

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for North Carolina on
Q: can a dealership take a car back after driving for 30+ days b/c they don't want to payoff a lien on trade?

dealership knew of the lien, they failed to verify the payoff until Thursday. Now they telling me I have to bring the car back today. I have had the car for over 30days. Have been financed, it shows on my credit report, etc.... The lien on the vehicle is $1500 more than they can pay. They failed... View More

Paige Kurtz
Paige Kurtz
answered on Sep 6, 2016

It depends on the written terms of your contract with the dealership. If the contract limits the amount they will pay or makes the payment contingent on any factors, then you may be out of luck and have to return the car. However, if the contract states that they will pay the lien, without any... View More

1 Answer | Asked in Products Liability, Collections and Consumer Law for North Carolina on
Q: How do my mom avoid getting.sued by rffc finanical? My mom is on disability and can no longer afford the payments

The.company plan on suing her for the money but she doesnt have it. We offered to give them back their product but they refuse to take it. We keep getting phone calls from a lawyer who has not provided us his name but is always threatening my mom. What should we do

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

First, if he calls write down what he says, as exactly as you can, the time and day. i'm not sure what the product is.

If she is judgment proof with a bit of advice she really doesn't have anything to really worry about. Try contacting a consumer attorney through www.naca.net.As...
View More

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Q: If a business receives an overpayment on an account from a customer, are they legally obliged to notify the customer?

This is a business in North Carolina that has "store credit" accounts, and then is paid against those balances by its customers. Also, if such an overpayment exists (or if a credit from another circumstance, such as refund on store credit exists) on the account, is it illegal to apply... View More

Paige Kurtz
Paige Kurtz
answered on Aug 17, 2016

The answer to this question depends on the terms and conditions of your credit account agreement. Most account agreements would allow application to an outstanding balance. However, if payments are made with a specific designation as to how they should be applied, it is questionable especially... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: What kind of lawyer do I need to bring action against a well driller for installing wells that fail to meet code?

The inspector indicated the wells must be re drilled and installed to code. The company will not respond. I want to hire a new well driller to correct the problem and get my money refunded from the first company. The wells have had problems since installation last summer.

Paige Kurtz
Paige Kurtz
answered on Aug 2, 2016

A contracts, collections, business litigation or construction lawyer would be appropriate. A construction lawyer is not required and would probably result in higher rates. You should proceed forward with this matter as soon as possible.

1 Answer | Asked in Consumer Law and Employment Law for North Carolina on
Q: I was let go from a job and they were surposed to fund a hsa card and they did not and they still have not to this day.

do i have a case to get my hsa money from them???

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

Contact a member of the NC Trial Lawyers Assn who handles employment issues--they give free consults.

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on
Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?
Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.

1 Answer | Asked in Intellectual Property, Business Law, Consumer Law and Internet Law for North Carolina on
Q: Can i be sued for selling MLM items online at Amazon/Ebay?

Hello,

My question is Products like Mary Kay, Shaklee, Amway, etc.. these products are sold by consultants, but many sell online. I do sell some online, not many, just enough for some extra money since my wife lost her job.

I received an email from one of those companies stating... View More

Nathan Hull
Nathan Hull
answered on Jul 1, 2016

Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very... View More

1 Answer | Asked in Consumer Law, Products Liability and Contracts for North Carolina on
Q: I have a question about a invoice paid and a warranty.

I paid an invoice to have a 12 mil liner installed under my newly constructed house. Now I have determined that i did not receive the product that I paid for. Also the warranty that I have in hand from the company shows a 15 yr warranty on the liner installed to be free from holes and tears and to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

This is actually a contracts issue. You have a few options on that. One, contact the company that installed the product and see what they will do for you. If they do not make good, you could contact the manufacturer (assuming they are different companies) and make a complaint with them. You could... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: I need a Lawyer concerning Florida Statue 687 Usury Contract misrepresented against my personal injury case that settled

Hello, I would like to know can my Lawyer be responsible for allowing me to borrow 80,000 dollars in just over a years time(prsonal Injury case) I had to pay back a very high interest rate of 186,000 dollars. According to the State of Florida it is against the Law and A violation against the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

I personally do not know of an attorney who would recommend a client take these types of loans. These loans are well known to be rip offs, and I always tell clients they should not do it. Otherwise, attorneys cannot contact you to solicit your business, you need to search and call them. Try using... View More

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Got a written quote from a landscaper who now says that this is a contract and wants his money.

Got a written quote for $2500 worth of landscaping work for around the house. Asked the landscaper if work and money could be divided in two and the front half of the house done. I told him if that went well then we could have him come back the following month for the back of the house and 1250... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

It would be difficult for him to prevail in court based on what you say, but his facts may be different. That said, it will be hard for him to claim breach of contract if he never did the work, assuming he was to be paid after the work was done. You may want to file a complaint with your... View More

1 Answer | Asked in Consumer Law, Criminal Law, Divorce and Family Law for North Carolina on
Q: If I'm paying child support in one state can a mother go to another state and open up a case and have me up

Is that fraud and now that state put more arears on me

Melissa Averett
Melissa Averett
answered on Feb 22, 2016

There are not enough facts in your post to answer your question. If you are under two different child support orders in two different states for the same child, you need to file a motion in the jurisdiction with the most recent order to have that 2nd order set aside.

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