Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.
I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More 
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More
answered on Mar 11, 2025
Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More
My bank account was garnished due to state taxes, and I have received written notice about this action. I have not yet contacted the tax authority about this specific garnishment, and I have other unpaid taxes with the state. Can I request them to unfreeze my account and set up an installment plan... View More
answered on Mar 6, 2025
You should contact a bankruptcy lawyer for advice about filing Chapter 13 (I assume this is personal income tax). You may get a longer time to pay if you file bankruptcy, and you may actually get back the funds if you file quickly.
In my experience, the State of NC will not lift the... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024
This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:
1. FSA and Insurance Fraud:
What you've described could be considered fraud against both... View More
Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.
answered on Jun 12, 2024
As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More
I gave the car to my son, an he let the insurance lapse an I would want it back before something happens
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024
If the car is titled and registered in your name, and your son has taken it without your permission and allowed the insurance to lapse, the proper steps are to:
1. Attempt to contact your son and request that he return the vehicle immediately. Explain the legal and financial risks of... View More
The car in question sustained water damage in New Orleans Louisiana. Allstate declared it a total loss. The state of Louisiana says the car was crushed, but apparently somebody lied to the state. The car was not crushed and sold at an auction. It was then sent to a dealership in KY where the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024
In North Carolina, obtaining a salvage or rebuilt title for a vehicle that has been declared a total loss and has a history of water damage involves specific steps. First, it's crucial to ensure that all repairs made to the vehicle meet the state's safety standards. North Carolina... View More
I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?
answered on Feb 12, 2024
You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More
After the car was gifted new owner did not transfer title and sold the car to another person. What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
If you gifted a car and the new owner did not transfer the title before selling it, this can create a complicated situation. In North Carolina, the responsibility to transfer the title typically lies with the new owner. If they fail to do so and then sell the car, it can lead to legal and financial... View More
So my husband bought me a car back in the summer of 2022, my FIL was the one doing all the technical stuff because it was my first car and I didn't know a thing, it's a salvage title so back in TX (where we bought it) he was doing everything to fix it so we could get the title fixed but... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
This is a tricky situation since the title was never properly transferred to your name. Here are a few options to explore:
1) Contact your state DMV and apply for a lost title or bonded title replacement. You'll have to show proof of ownership/purchase and payment. They may issue a... View More
The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023
In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the... View More
My friend went to the hospital for treatment of a skin infection and was admitted. On his second day, he became momentarily unresponsive in the bathroom but quickly regained consciousness. After this incident, he found himself restricted to his bed with an alarm to monitor his movements, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025
Your friend has important rights even while admitted to a hospital. Hospital patients generally maintain their Fourth Amendment protection against unreasonable searches, meaning police typically need a warrant, probable cause, or your friend's consent to search his belongings. Without these,... View More
My friend has been incarcerated for 6 months in North Carolina, facing charges of attempted murder. He has been assigned a public defender, whom he's only seen once. Despite repeated calls to the lawyer's office, there has been no response. My friend hasn't received any bail since he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
Your situation with your friend in North Carolina sounds incredibly difficult and frustrating. When someone is held for such a long time without proper legal representation or a bail hearing, there are several steps you might consider taking.
You could help your friend file a formal... View More
I have a mental health bar to firearms imposed by California. I have not been committed to an institution for over a year and have been under psychiatric care since. I've noticed that the North Carolina statute 122C-54.1(b) used to directly address this issue but no longer does. I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025
Yes, North Carolina law allows for removal of out-of-state mental health firearm bars. The process involves petitioning the district court in your county of residence, which aligns with your current situation and scheduled hearing. The law specifically states that "an individual disqualified... View More
I would like to know which specific governing body oversees self-insured companies for auto liability in North Carolina. Could you provide details about the regulatory authority responsible for this?
answered on Mar 17, 2025
A North Carolina attorney could advise best, but your question remains open for a week. You could reach out to the North Carolina Department of Insurance as a starting point. In states where there are such agencies, they oversee the operation of insurance carriers. Good luck
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2024
In most jurisdictions, hotel staff have the legal right to enter your room even if you decline housekeeping, primarily for security and safety reasons. This right is typically outlined in the hotel's terms of service that you agree to when booking.
However, hotels should follow proper... View More
I was wondering if I could hire qualified people to work for my security guard business without having a security license myself.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2024
Starting a security guard company involves several important steps beyond just hiring qualified personnel. First, you need to ensure that your business complies with local and state regulations. This typically includes obtaining a business license and registering your company with the appropriate... View More
I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024
I'm sorry you're experiencing this situation. It's important to take action to protect your rights.
First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This... View More
To Whom It May Concern;
The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024
To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
