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North Carolina Questions & Answers
1 Answer | Asked in Consumer Law for North Carolina on
Q: Can paypal legally keep my deposit that was put in my wife’s account

My wife and I had our federal Tax return deposited into her paypal account. Since then they have put limitations on the account, while trying to life those limitations we discovered that in order to do direct the deposit The first name on the deposit is supposed to match that of the account holder... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 6, 2020

They can hold it, but once it is proven that she was authorized to accept it, they should release the funds.

1 Answer | Asked in Consumer Law for North Carolina on
Q: In the state of NC when trading a vehicle to a dealer, do I disclose engine or transmission replacement on damage dis?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Sep 6, 2020

If your vehicle is 5 years old or newer and the damage was over 35% of the value you must disclose.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have a pending DWI charge with 2 prior convictions but only 1 within 7 years. How long will I lose my license for?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 6, 2020

It depends on a lot of factors that can not be easily discussed on a forum like this. So you should consult with a DWI attorney. Some DWI issues are time sensitive so you should do that ASAP. Suffice to say - you should be more concerned about possible jail time than the lost of license.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My boyfriend got caught going 120 in a 70, he is getting sent to court if he does not hire a lawyer what will happen?

He did not get his car taken or anything like that, he did not get a ticket on the spot, just a court date.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 5, 2020

What will happen depends on what choices your boyfriend makes. If he continues to make incredibly bad choices such as driving 120/70 - bad things are likely to happen. So what he likely ought to choose is to consult with a traffic attorney ASAP. Typically at that speed, he will also be charged... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can older sister step in and take over half my house since mom is on the deed as borrower when and if mom dies.
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 4, 2020

Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... Read more »

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Will NY accept an adult general guardianship from NC?

My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 4, 2020

I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: My brother and I were sharing 3.5 acres. We both have homes on it. He died. Can I rent it out legally. He had no will.

It hasn't been took care of and I am afraid codes will fine me for not mowing property. Abandoned home in the neighborhood.

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

You have not stated what estate you and the Deceased owned (tenants in common, life estate/remainder, etc.). The Deceased's Heirs own his share, if any. Did he have issue? If so, they are tenants with you. What about your Parents? You probably need a competent attorney to record an... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: I own a restaurant and grocery delivery service in North Carolina. Can a restaurant force me to take their menu off

Can they force me to take their menu off of my site and not accept orders from them?

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

A North Carolina attorney could answer best, but your question remains open for three weeks. As a general matter, elements of North Carolina law aside, they could sue. Whether they prevailed would be up to a court, but they could argue that they want association only with a given delivery service,... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award.... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
Read more »

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: If there was no will, and no legal guardian after parents death will custody of the children go to the executor ?

-dad adopted child

-child has no legal mother

-dad dies with no will

- daughter becomes executor

- other family member petitions the court to become guardian

Who legally becomes guardian of a minor child and their assets?

Angela L. Haas
Angela L. Haas answered on Sep 3, 2020

Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... Read more »

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1 Answer | Asked in Contracts for North Carolina on
Q: Is there a way to legally terminate a fencing contract when they didn't complete the work?

We signed a contract 5 months ago, they installed everything but the gates and 39' of fencing. They are not communicating with us and have failed to finish the project. It's a safety issue to not have the gates and we'd like to install them ourselves at this point. Can we legally... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that this happened to you. It is good that you asked prior to doing anything. It is always important to look to the contract first. Basically, look at your contract and see if there are provisions governing when the fence must be installed, when your payments must be made, and... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Is there an option to cancel a purchase contract when dealing with a used car at a used car dealership?

Purchased a truck and less than 24 hours later started having mechanical issues. As of right now I still haven't had the vehicle for 24hrs. Is there a time frame where I can cancel the contract?

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

The first place you should look is your purchase contract with the dealership. See what rights and obligations you have regarding the purchase. If you have an option to return the truck, or have the dealership repair it, the purchase contract should outline your rights.

If the contract is...
Read more »

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 1, 2020

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
Read more »

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 Agricultural Law for North Carolina on
Q: What steps can I take to protect my farm from being shut down?

My home is on 9 acres that is about to become completely surrounded on all sides by an upscale subdivision. At this point we only have poultry. In the near future, we will begin earning money with our land by selling produce and eggs, and by growing trees for a local landscaping company. I worry... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It could be difficult to predict what could happen when the surrounding area becomes developed. The attorneys who did not respond could be at a loss in terms of what to tell you in terms of preemptive actions you... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: It's been almost 7 years since I received a DUI what do I have to do to get my license back?
Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

I recommend ordering a copy of your NC driving record, and setting up a consult with an experienced DWI attorney to review the record and see if you've complied with all of the requirements of your DWI conviction. Typically, to get reinstated after a DWI conviction, you must (1) obtain a DWI... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What does it mean when a judge terminates my probation,and turns the fees I still owe to a civil judgment

I was convicted in New Hanover county,but live in Wake county,so I reported to probation in wake county.i completed everything in the court’s order except pay the money,so my probation officer violated me and took me back to court today to see if the judge would throw out the fees. He dismissed... Read more »

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

When a judge enters in money you owe to the court as a civil judgment against you, it basically means that you now owe the state that money. How it is usually paid back is either by you going to the courthouse and paying it directly, or if the state ever owes you money (e.g., a state tax refund, or... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My sister used my license identity in North Carolina and received a traffic tickets without me being aware of it
Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

Contact an experienced traffic attorney in the county where the tickets were issued - they can assist you with the best way to handle a situation of identity theft, which happens with traffic tickets more than you'd think, unfortunately with family members.

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