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He also is unwilling to give me the money owed me according to our business contract and he also is not allowing me access to get the rest of my things from his home. What should I do?
answered on May 23, 2019
If the facts are as bad as you say, you can get a restraining order--and an order allowing you to get your things. But if you do owe him any money, you might see a lawsuit soon.
Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... View More 
answered on May 21, 2019
Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This... View More
We have email communication and I have pictures he has changed price there times and now wants to be paid and the work is not finished and def not acceptable - no written contact - only verbal - myself and wife were w him on all conversations only is three - have pics - but he has filed a small... View More
answered on May 20, 2019
Stop asking strangers on a law blog if NC law will solve this festering problem and hire an NC lawyer instead. You will be glad you did.
answered on May 10, 2019
Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma. Try calling the leaders of the NC legislature and ask them why they have not done... View More
My Girlfriend bought her sister's car, she paid the sister a downpayment and then took over the monthly loan payment. The car is in the mother's name as is the loan. My girlfriend has no documentation to prove she paid the sister anything. Or any legal agreement to put the car in her name... View More
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answered on May 9, 2019
Your girlfriend did not buy a car - she basically has just been making the payments on her mothers car. Without something from the title holder in writing (preferably a contract) there is not much she can legally do. Chalk it up to a hard learned life lesson - sucks that she had to learn it from... View More
Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?
answered on May 6, 2019
Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.
Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3... View More
answered on Apr 30, 2019
It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... View More
The landlord/property owner pays for the water; however, they put in the lease that it is submetered to each tenant and that the tenant is responsible for the bill. They said this is in the lease because they have the "intent" to start charging for water sometime in the future.... View More
answered on Apr 24, 2019
Unless you are being damaged it does not matter whether this scheme is legal or not.
Painting company sent proposal for repainting entire home (interior). Signed proposal accepting the price that was shown. Also made $625 down payment. The following day sent painting company written notice that I was canceling the paint project and would like my down payment refund. They are... View More
answered on Apr 15, 2019
Unless you hire a lawyer to write the painting contactor a letter explaining why they should refund your money, you may have to sue them in a small claims court.
Subcontracted for company. They haven't paid full amounts and are claiming that they don't owe me for other jobs
answered on Mar 8, 2019
At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.
Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... View More
answered on Feb 4, 2019
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Recently my grandmothers daughter that was POA over all my grandmothers stuff passed away and the power fell to her eldest daughter. Her daughter that was POA had a life insurance policy that the eldest daughter up in New York claims she s taking over but needed a new signature from my grandmother... View More
answered on Jan 9, 2019
If someone has the mental capacity to sign, but cannot physically sign on their own, it is acceptable just to make an "x", have someone assist with holding the pen, or can even direct someone to sign their name. However, if the person's mental state is such that he/she does not... View More
we are paid in full but GC still has $2000 deposit we want to get back.
answered on Aug 29, 2018
If the contract has not been fully performed and the contractor is in default, it is possible to terminate the contract with the appropriate notice (if required by the contract). Not sure I understand how the deposit works or why it would come back to you, but would need additional information to... View More
To make a long story short did a contract and gave contractor 1,000 to get on the books. He gave me excuses on why he hasn’t started in 4 months for a addition on my house. I ask for my deposit back and sent me an email giving me excuses why not started and he said would give it back and would be... View More
answered on Aug 29, 2018
Yes, you should proceed with your small claims case. The contractor would only be allowed to retain monies for work actually performed and based on the reasonable value of the services. Its fairly unlikely that the pictures would be valued at your deposit. Be prepared to present your case to the... View More
answered on Aug 1, 2018
No. You can only get a Dishonorable Discharge if you are found guilty at General Court-Martial and awarded a DD. For PT failure, you'll receive either an Honorable or a General Under Honorable Conditions. Benefits-wise, the difference is that, in most cases, an Honorable lets you use the... View More
Competitor want to hire me at a 12% increase in salary. Company I work for now will not match. We service some of the same customers but in differant capacities. Is the non compete enforcable?
answered on Jul 23, 2018
Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
With him. I contracted a job from a restaurant owner that he worked for the engineering firm. I've completed the job and now hes saying we had a verbal agreement that he get 20 percent, which is untruthful. Do i have to pay him anything without a signed contract
answered on Jun 1, 2018
Contracts can be in writing (some are required to be in writing) or oral. Oral contracts are valid. So, its really a question of whether you agreed to pay the 20%. If not, then you don't have to pay it, but that doesn't mean that person won't pursue you to collect the amount.
My grandmother owns property downtown, but passed away. She told me that after I finish school, she would give me the lease and do whatever I seem fit with it, but currently someone is leasing the property. She passed before she could put it in writing and one of her kids might want to take over... View More
answered on May 31, 2018
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real... View More
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