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North Carolina Small Claims Questions & Answers
1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on
Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 27, 2019

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change order...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on
Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

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 children.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick 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... Read more »

1 Answer | Asked in Banking, Civil Litigation and Small Claims for North Carolina on
Q: Help with bank levy

I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2019

This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.

2 Answers | Asked in Small Claims and Bankruptcy for North Carolina on
Q: I'm on disability and owe 9,800 to creditor could they take a home that's in mine and my moms name?

what could happen if I get a judgement?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.

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1 Answer | Asked in Car Accidents and Small Claims for North Carolina on
Q: My taxi driver backed into and knocked down my mailbox. He took off after throwing $20 at me. Wasn't nearly enough money

Wasn't enough money to replace mailbox post and have it installed . Contacted citi taxi and they refused to cover expense or to give me name of taxi driver so at this point I don't have his insurance info to make a claim. I have his "hack" # and cab number, but not his name or insurance company.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Tell citi if they don't give the insurance for their car you will have to assume it's uninsured, and report them to the agency that regulates taxicabs. Follow up with action if they don't.

1 Answer | Asked in Divorce and Small Claims for North Carolina on
Q: Can my friend take her kayak back from her ex boyfriend?

My friend and her then boyfriend had an agreement. She bought 2 kayaks, and he bought 2 paddles. He is claiming this is a gift and that she cannot take the kayaks back , even though she has the receipts to prove her purchase. Legally, is she right to take the kayaks that she purchased ?

Amanda Bowden Houser
Amanda Bowden Houser answered on May 5, 2018

Receipts only prove she purchased the kayaks - not that she currently owns them. He is claiming they are a gift (although why he would claim she gave him both kayaks is sort of dubious). If she can get the kayaks without breaching the peace, she can take them back but he may call law enforcement... Read more »

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz
Paige Kurtz answered on Mar 22, 2018

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Small Claims for North Carolina on
Q: I live in NC.My bf n I own a house.He has no job.It's only me paying the bills.Can I make him leave or make him pay?

He has been out of work since april 2017. He has paid a few bills here and there when he was getting unemployment. We are not doing good and he refuses to go to work or pay his half. He will not leave. He thinks this Is all funny. I know I can do it on my own bc I am doing it now. Is there... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 14, 2017

You are in one of the worst positions possible - not married and own property together. You likely can't legally make him leave because he ownes the property and you can't use divorce law because you aren't married. Likely your only option if he won't agree to let you buy him out is to start... Read more »

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: What is the next step in collecting after a judgement has been awarded and a rit of execution has been served?

Having a very hard time in collecting money owed from someone even after a judgement has been awarded, a writ of execution served and a promise made to sheriff serving the writ. When does it stop costing more money to try to get money owed? What would be the next most beneficial and successful... Read more »

Paige Kurtz
Paige Kurtz answered on Oct 26, 2017

There is no exact answer on the next best step. It really depends on the debtor and what steps might get their attention or result in assets that could be used to satisfy the judgment. There are other types of actions that can be taken to collect a debt. Its best to consult with an attorney as the... Read more »

1 Answer | Asked in Small Claims for North Carolina on
Q: How do I go about getting money from a defendants bank account after winning a small claims case?

The defendant has no property of value for me to take so it is my understanding my only other option is to try to get as much out of her bank account to be paid back. Do I need to know her account number to do this?

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

You don't need to know the account number, but you will need to know the bank that the defendant uses. The process is long and involves filing an execution and bank levy. If you have any questions about the process, please consult an attorney.

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.

2 Answers | Asked in Civil Litigation, Contracts and Small Claims for North Carolina on
Q: Selling a car to a "friend" and now getting stabbed in the back, what should I do?

My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... Read more »

Cameron Lambe
Cameron Lambe answered on Sep 4, 2017

North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover... Read more »

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I'm a renter in North Carolina. The home I rented wasn't insured.

I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?

Paige Kurtz
Paige Kurtz answered on Aug 25, 2017

Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.

1 Answer | Asked in Divorce, Domestic Violence and Small Claims for North Carolina on
Q: Can my spouse take me to court

over a cell phone she bought me then decided to ask for it back and charge me for it when she asked for a separation. Does it matter that she committed adultery? Do I have to pay her back for the gift of a phone?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 19, 2017

Yes, she can take you to court, If it was a gift, no you don't have to pay here back. The adultery is irrelevant to these issues. .

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... Read 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 Workers' Compensation and Small Claims for North Carolina on
Q: If they haven't found nothing on my MRI and I still have problems with my back do I still get a settlement
Will Blackton
Will Blackton answered on Feb 22, 2017

Your attorney, or if you do not have one, an attorney familiar with the facts of your specific case is the only person who can answer this.

1 Answer | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: Car towed from in front of my home without notice and damaged. What can I do?

I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 16, 2017

You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.

File a complaint with the HOA.

1 Answer | Asked in Small Claims for North Carolina on
Q: Where can I find Papers to file in Small Claims in Catawba County NC? Can I file online? I can't find it anywhere. TYVM
Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 21, 2013

Here is the link to the forms:

http://www.nccourts.org/Forms/FormSearchResults.asp

If this does not work, go to www.nccourts.org. There are tabs running across the page. Select the forms tab. The forms tab lets you search by form number - just choose category and select small...
Read more »

1 Answer | Asked in Small Claims for North Carolina on
Q: What will happen if someone does not show for small claims court over a debt of less than $ 550.00
Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 20, 2013

If the person suing for the debt does not show the case will be dismissed. If the debtor does not show, then a default judgment will be entered against the debtor.

If you are the debtor and you have any defenses or counterclaims, then you have to show up and argue your story to the judge -...
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