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North Carolina Questions & Answers
1 Answer | Asked in Workers' Compensation for North Carolina on
Q: What’s a good settlement amount from workers comp when you’ve had to have a total knee replacement? The offer is $44k
Bobby Bollinger Jr
Bobby Bollinger Jr answered on Nov 12, 2021

Who knows? It depends on a lot of things you have not mentioned. What is your compensation rate, rating, restrictions, education level, employment history, transferable job skills, future medical need, etc. All of us workers' compensation Certified Specialist lawyers give free... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 2 brothers own a house together one once to sell will it be split down the middle
Anthony M. Avery
Anthony M. Avery answered on Nov 10, 2021

Probably not as the Court appointed Salesman and his expenses, as well as lawyers, surveyors, Court Costs, etc. all get paid first prior to distribution after a Court Ordered Sale For Partition.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can my landlord cut my power off when he gets mad at me even though I pay the electricity bill in his name
Paige Kurtz
Paige Kurtz answered on Nov 10, 2021

It is illegal for your landlord to cut off your power for nonpayment of rent or any other reason. You should seek assistance from an attorney regarding your lease.

1 Answer | Asked in Family Law for North Carolina on
Q: What rights do I have as a father? I'm 19 and she's 21. We are not together and had twins 3 months ago.

She only let's me see them when it's convenient for her. When she has them there's no arguing. When I have them she constantly texts me when will she get them back and wants to argue. I'm tired. What are my rights as a father or do I have any?

Jeffrey Berman
Jeffrey Berman answered on Nov 8, 2021

You have custody & visitation rights as any father woud.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My last landlord said they were selling the property as the reason they were not renewing with us. He didn't sell.

He raised the rent and rented to someone else. Is this legal?

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 5, 2021

On 1 hand, at this point in time, why does it matter? Anyway, I assume you have a written lease and if the lease has provisions which allow the landlord to not renew the lease, then as long as he followed those provisions for non-renewal, then he's compliant.

2 Answers | Asked in Car Accidents, Civil Rights and Personal Injury for North Carolina on
Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 5, 2021

In answer to your question, yes. I don't think his excuse is valid however law enforcement is not require to have each driver involved in a MVA given a breathlyzer test. Now, if you think the law enforcement really breached his duties, then you can assert a complaint with his supervisor or... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: I have had my grandson for 1 year now with no contact from his mother and father. What can I file in nc for custody?

I cannot afford an attorney and I've reached out to the local DSS but due to a lawsuit that the mother has against them they will not help us. My grandson is 10 years old and lives every day in fear that his mother will show up to get him. He has told me he would kill himself if he ever had to... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 5, 2021

I'm very sorry to hear about your situation and sympathetic to what you are going through. That said, while you are clear that you can't afford an attorney, I would strongly advise you to at least pay for a consultation to discuss the complicated issues that go into filing a third-party... Read more »

2 Answers | Asked in Immigration Law and International Law for North Carolina on
Q: LOST PASSPORT please help! How to extend stay over 90 days with an ESTA, whilst awaiting a new passport?

I have just arrived at the airport to leave USA after a 90 day tourist visit on an ESTA visa waiver program. I was due to leave for 4 days to allow my visit time to renew and then return to the states to finish my trip for another 2 months. But I have arrived at the airport and lost my passport!! I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 4, 2021

You will need to comply with the reality. Obtain your expedited foreign passport and then apply for a new visa in that document.

There is no way around it.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: How can i extend my ESTA stay in USA due to covid isolation? I am UK visiting USA for almost 90days but now cant fly!

I have been in the USA as a tourist on the Visa Waiver program for almost 90 days. I was due to fly out today and return in a few days to continue my USA trip for another 2 months, but I have just learned that a friend I have had contact with has covid, and although I have not tested positive, i... Read more »

Agnes Jury
Agnes Jury answered on Nov 4, 2021

Normally you could file to extend your stay but Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant a period of... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the buyer’s agent didn’t turn in amendment changing purchase price and the seller received more at closing, who owes

Each party received a HUD prior to closing. Buyer’s agent never submitted amendment to attorney changing the purchase price. The amendment was signed by seller and buyer. The seller received more proceeds at closing than they should have. Who would owe the buyer?

Ben Corcoran
Ben Corcoran answered on Nov 4, 2021

If the Buyer's agent was responsible for turning in the amendment then my first response would be them, with a secondary responsibility to the seller. However, I can see several scenarios where the buyer and seller signed documents that assented to the unamended contract again.

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Low income legal representation for child custody divorce response to complaints when he kicked me out with no where to
David Allan King
David Allan King answered on Nov 3, 2021

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work...
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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I need help responding to a complaint fir divorce and B we have only been apart 4 months and he burnt all my stuff

Lied on je preformed torts against and hot custody of my daughter snd he is not her father

David Allan King
David Allan King answered on Nov 3, 2021

This is something you need to hire a lawyer for.

1 Answer | Asked in Divorce for North Carolina on
Q: I have a copy of the free traders agreement and the register of deeds cannot use a copy.

Can I reach out to my spouse attorney to get the original document so I can record it myself.

David Allan King
David Allan King answered on Nov 3, 2021

If you also have a separation agreement in place, it will likely specify that your spouse must cooperate with anything reasonable and necessary to effectuate the terms of the agreement. If it is reasonable and necessary to file an original with the register of deeds to effectuate the terms, then... Read more »

2 Answers | Asked in Trademark for North Carolina on
Q: Can I trademark my brand name and logo with USPTO

Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.

Ali Makoui
Ali Makoui answered on Nov 1, 2021

There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products.... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If 2 houses are one one lot and someone is buying both houses should there be 1 offer to purchase contract?

Buyer wants to treat the houses separately but I don't think that is possible without subdividing the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You are correct you must subdivide if they insist on buying them separately.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have one lot with two houses, buyer gave me an offer to purchase on each house, it is not subdivided, should it be 1?

What are the ramifications of selling each house separately on the same lot? I do not plan to subdivide the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You do not sell houses you sell the land that they are affixed to, so in this case, you would be selling one tract that has two houses on it.

Ask for them to give you an offer for both houses and they can subdivide if they so choose.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My Sister and I inherited a farm. She has aquired medical bills due to cancer. If she passes can they take her part?

Can she put it in her Sons name, or sell it to him for $10.00?

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Depends on how the land is currently owned, without seeing the current deed or will that left it to you I couldn't answer whether or not the estate could force a sale.

As to the part about her gifting it to her son or selling it for far below market value, once again I would have to...
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2 Answers | Asked in Real Estate Law for North Carolina on
Q: I need know what options a house that is jointly owned with an ex-fiance now. Neither of us can buy each out

been separated for 2 years now, she continued in the house, moved in a guy and now is married. Neither one of us has established great credit and she no longer works. She is getting behind on payments and its dragging my credit down

Ben Corcoran
Ben Corcoran answered on Oct 28, 2021

You can file for a partition sale, speak to a local attorney about doing that and bring them as much documentation as possible.

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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a previous employer refuse to mail you your last paycheck?

I have requested that my paycheck be mailed but the employer is telling me they will not mail it because they want me to come in and sign a paper stating that I received it. I asked to DocuSign it and they said no. Is this legal?

David Allan King
David Allan King answered on Oct 28, 2021

From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)

Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if...
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