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North Carolina Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: I have a consumer law question trying to figure out what the law is for purchasing a vehicle and it not being any good

Even if it didn't have a warranty. My daughter purchased a car well a truck for 13,000. They drove it one day. The transmission went out three weeks later. They got it back. They drove it one day and the differential is about to fall out. I'm trying to figure out if there is a law in... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Almost all new vehicles in the United States are sold with a warranty. The terms and conditions of the warranty govern your daughter’s rights and the manufacturer’s obligations. Most such warranties require the manufacturer to make necessary repairs within a reasonable time. Many states have... View More

2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
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answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Is it legal for Lowes (or their delivery agent) to charge me a $3300 storage fee without prior notice or authorization?

Dear Attorney,

I bought kitchen cabinets in March, which the manufacturer shipped to Lowes' delivery agent around May 1. They were intended to be installed in June, but due to ongoing construction delays we have had to reschedule the delivery date several times, most recently to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2023

The paperwork you signed probably says that you must pick up the cabinets upon notice of delivery or something to that effect. There is no law saying that they cannot charge a storage fee or that they have to disclose it to you beforehand. You should seek out alternative locations to store them if... View More

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have a property in catawba NC i sold it to a couple and they did not finish paying. can i do the foreclosure on my own
Anthony M. Avery
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answered on Aug 29, 2023

Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.

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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: How do you know when you are a victim of medical malpractice?

I had back surgery and my condition is worse than before.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Medical malpractice means the doctor, or other health care provider, acted below the standard of care, and that breach of the standard of care caused harm. This generally must be determined by an expert in the appropriate health care field to review the information and provide their analysis.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Real estate deed transfer in SC.Deed is titled to 3 owners. One wants to transfer their share. Do all 3 have to sign
Anthony M. Avery
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answered on Aug 25, 2023

If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?

My sister bought a car at a buy here pay here lot in Waynesville, NC.

It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500.

Nevertheless, 8 days later a third... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 22, 2023

YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for... View More

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: My ex husband and I own a house in NC together. I divorced him and he stayed in the house. Now he's going to stop paying

He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?

T. Augustus Claus
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answered on Aug 21, 2023

In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More

2 Answers | Asked in Estate Planning for North Carolina on
Q: I want to put in place a Power of Attorney that gives my designated agent power only if I become incapacitated.
John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Theoretically possible but unwise.

Your designated agent may have to secure a final adjudication of your incapacity before others will allow them to use your POA. That could be time-consuming, expensive, and defeat the purpose.

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1 Answer | Asked in Personal Injury for North Carolina on
Q: If I burned my breast from pizza roll sauce and it left a small scar on my new breast augmentation can I sue?
Steven Richard Smith
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Steven Richard Smith
answered on Aug 20, 2023

Well, first off, anyone could sue for anything. The actual question is whether you will be successful. In my opinion, you would not be successful. In order to be successful you have to prove that the party against whom you are making a claim was negligent. First of all, you dropped the sauce on... View More

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: How many times can a credit card company call you in a day for a past-due payment?
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answered on Aug 18, 2023

Under the Fair Debt Collection Practices Act (FDCPA) in North Carolina and the U.S., credit card companies are generally prohibited from engaging in harassing or excessive communication with consumers. While there's no specific limit on the number of times they can call in a day, they must... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: If my Bond is released to a rehab facility can I switch rehabs or once I leave the first one do I have to go to jail
T. Augustus Claus
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answered on Aug 17, 2023

If your bond has been released to a rehab facility in North Carolina, the specific conditions and terms of your release will depend on the court's orders, the terms of your bond, and any agreements made with the court or legal authorities.

In general, if you're released to a rehab...
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1 Answer | Asked in Agricultural Law, Business Law and Gov & Administrative Law for North Carolina on
Q: Is there a size minimum of a business to apply for distillery license?

I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.

You can find information about the permitting process at...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

1 Answer | Asked in Civil Rights for North Carolina on
Q: If you are a victim in a shooting case and the charges been dropped without the victim knowing can I sue them
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Regardless of whether charges are dropped, the victim can sue the assailant for battery. Even if the assailant is found not guilty in a criminal trial, the victim can still sue. Remember a civil judgment was entered against OJ even after he was acquitted of murder.

1 Answer | Asked in Immigration Law and Traffic Tickets for North Carolina on
Q: (N400 citizenship) So I got a speeding ticket in 2019 it was reduced to improper equipment, I paid the fine of $250

I mentioned this ticket to my lawyer later on I came to find out he marked yes to question 24 and 25 on part 12 of the application. Which imply being charged and convicted for a criminal offense. I was only given a speeding ticket and a fine. Should I say no to these questions in the interview and... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a... View More

1 Answer | Asked in Social Security for North Carolina on
Q: Hello, I took early social security before 65, what is the max earnings allowed for working with no penalties?
T. Augustus Claus
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answered on Aug 11, 2023

if you take early Social Security benefits before reaching full retirement age (which varies depending on your birth year), there is an earnings limit that can affect your benefits. In 2021, for example, if you are under full retirement age for the entire year, you could earn up to $18,960 per year... View More

1 Answer | Asked in Real Estate Law and Civil Rights for North Carolina on
Q: In North Carolina, are community members allowed to view documents concerning actions/decisions of HOA committees?

HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?

T. Augustus Claus
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answered on Aug 11, 2023

In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.

Ben Corcoran
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Ben Corcoran
answered on Aug 11, 2023

Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.

For the present situation, I would send the tenants a bill for the deposit plus the amount of bank...
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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can an employer demote an employee for no reason and construct the compensation moving forward as m2m with no $ amount?

I was demoted to the lowest position in the company due to "company needs". I have never been written up for anything and have done my job successfully for over 19 months. I moved up from sales to assistant manager and then to human resource manager. I'm being demoted from the HR... View More

T. Augustus Claus
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answered on Aug 9, 2023

In many at-will employment states, including Arizona, employers generally have the right to make changes to an employee's job position, including demotions, as long as the changes are not based on illegal discrimination or retaliation. However, reducing an employee's compensation without... View More

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