Lawyers, Answer Questions  & Get Points Log In
North Carolina Small Claims Questions & Answers
2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
Read more »

View More Answers

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 3, 2022

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... Read more »

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: I am trying to file an Application and Order for Extension of Time to Answer in Fayetteville nc (Cumberland County) ?

Im honestly confused do i go to the court house to fill out a form i cant find anything online?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2022

There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Probate and Small Claims for North Carolina on
Q: I executed a new deed adding my wife to the house. 7 months later I'm getting sued by a creditor. Was this fraudelent?

We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 15, 2022

Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.

View More Answers

1 Answer | Asked in Small Claims for North Carolina on
Q: Can my uncle quit claim his deed to me even if it is a Va loan home
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 29, 2021

Most mortgages have a due on transfer clause in the contract, which means that they could require full payment of the remaining balance of the loan. You should contact the mortgage provider to see what your options are.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... Read more »

View More Answers

1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... Read more »

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... Read more »

1 Answer | Asked in Small Claims for North Carolina on
Q: The person sold me a trailer and failed to transfer the title and won't pay the fees to send it in. This is in NC.

I bought a boat and trailer in NC. The person who sold me the boat and trailer failed to send in the trailer title to be transferred to his name. When he sold me the boat he gave me a bill of sale and said that was enough to get the title under my name. When I went to the DMV they said that they... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 4, 2021

You can threaten to sue or actually sue. Both of these actions might induce him to act as he should.

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 2, 2020

You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.

View More Answers

1 Answer | Asked in Small Claims and Collections for North Carolina on
Q: I obtained a loan for 1,000 in Dec 2019 and unfortunately defaulted. With added I retest and fees balances went to almot

6,000. They offered a settlement of around 1500. I was able to send in $550 but was unable to settle as soon as they wanted. I continued to stay in contact but they voided the settlement. I am in NC but the loan originator is out of state. My question is will they automatically garnish my wages or... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 28, 2020

More details are needed. Was this an internet "payday loan"? if so, they are unlikely to sue. If this was a local finance company or a bank, they might sue or they might not. We do not have wage garnishment in North Carolina. If this is an out of state lender they may sue you in that... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: If I pay the car note will I be able to get it back or do they sell it and I still have to pay anyway

This is just a nightmare am going to lose my job because of this I don’t understand if they couldn’t do the verbal agreement why so I could have try to figure something out rather then lose my job am a signal mom I really need my job I only complained because I was waiting with no response just... Read more »

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

You might possibly be able to get them to give you the car back if you make all past due payments plus pay late charges - but they can legally refuse to agree to do that, and they can demand you pay off the loan in full - just because of missing one payment. You loan agreement most likely says any... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: My truck got repossessed after a verbal agreement about the payment because I made a complaint how can I get my truck

My complaint was about two safety recalls and having a dead registration and tags been waiting since April also they lied about the vehicle ever being in a accident before I purchase it I’ve been getting ignored but if I call from a different from they pick up but say I’ll call back but don’t... Read more »

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

This is something that you need specific advice about including a review of all of the paperwork you signed. Verbal agreements are generally not enforceable, but you may have claims against the dealer. Contact an experienced auto fraud attorney for advice. Do not delay, you will not be able to get... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Criminal Law and Personal Injury for North Carolina on
Q: A hotel I am living at is false advertising I have filed a complaint with the doj is there anything I can else I can do?

The person working the desk also the owner said he wasn't offering the posted weekly rates that are taped in the office window due to covid-19 which should have been $225. Instead he said I would have to pay the nightly rate and charged me $45 per night for 7 nights which totaled $315. He is... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It might not necessarily be false advertising - it's possible it could be an oversight resulting from changes in day-to-day operations that the pandemic has forced upon small business owners. There could be... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb
answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: I bought a used motorcycle from a dealer cash outright. The dealer does not have the title yet.

My temp tag is expiring soon and I don’t yet have a tag or title. The dealer is saying they need more time to get the title. What should I do next?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 17, 2020

I assume the bike has an NC title. If it has been more than 60 days since you purchased the vehicle, they have not delivered the title on time. They were required to disclose to you in writing they did not have the title in their possession when you bought it. If they don't give it to you... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for North Carolina on
Q: A Judgement was filed against me for credit card debt how do I need to respond?

It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... Read more »

Paige Kurtz
Paige Kurtz
answered on Jun 2, 2020

It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I have a lease with a tenant and a cosigner in NC. Are their spouse's responsible for a financial judgement as well?

The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?

Paige Kurtz
Paige Kurtz
answered on Jun 1, 2020

Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.