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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Rights for North Carolina on
Q: My neighbors are renters and they have three dogs outside that are always barking anytime I'm in my yard.

Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:

1. Barking dogs:

Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: How can I be arrested for fleeing to alluded when an policeman never got behind me with blue lights
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, I'll need to clarify a few points and provide some general information about the law in North Carolina regarding fleeing from police:

1. Terminology correction: The offense is typically called "fleeing to elude," not "fleeing to...
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1 Answer | Asked in Military Law and Employment Law for North Carolina on
Q: Am I protected under EEO as a Member of the National Guard or as a veteran

I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:

The Uniformed Services Employment and Reemployment Rights Act (USERRA):

USERRA prohibits civilian employers from...
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2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: Discover Card has an abirtration clause which was enforced by a judge. But I can't afford the abirtration

I want to file for bankruptcy as the other alternative to this whole thing because Discover has sent false paperwork saying that they had filed a court case against me and that if I just sign a voluntary judgment, then I wouldn't have to court but when I showed up for the court date I was told... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with Discover Card and considering bankruptcy as an alternative. Let me break down the key points and offer some general information:

1. Arbitration clause enforcement: It's common for credit card agreements to include arbitration...
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
James L. Arrasmith
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answered on Jun 19, 2024

In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying... View More

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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 19, 2024

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with...
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1 Answer | Asked in Probate for North Carolina on
Q: My homeless brother was found dead in OK. I live in NC. Since he had no assets is probate required? He has a bank acct

Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More

Nina Whitehurst
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answered on Jun 18, 2024

If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me

Jonathan David Breeden
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answered on Jun 18, 2024

It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

1 Answer | Asked in Immigration Law and Small Claims for North Carolina on
Q: Necesito ayuda para recuperar un dinero de FIANZA como haria si no tengo ningun documento exepto el recibo bancario?
James L. Arrasmith
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answered on Jun 16, 2024

Aquí hay algunos pasos que puede seguir para tratar de recuperar el dinero de la fianza sin tener más documentación que el recibo bancario:

1. Comuníquese con el tribunal donde se pagó la fianza. Explique su situación y pregunte qué documentación necesitaría para procesar la...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: What is 9097 code In court
James L. Arrasmith
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answered on Jun 15, 2024

The code "9097" in court typically refers to a specific case or citation code used within the North Carolina court system. It is important to understand that these codes can vary and are often used for internal tracking and classification of cases. If you've encountered this code on... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How can I be arrested for fleeing to allude when a police never got behind me with blue lights
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for fleeing to elude but the police never activated their blue lights behind you, it might seem confusing. Typically, fleeing to elude involves a clear indication from law enforcement, such as flashing lights or a siren, signaling you to stop.

However, there could be...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
James L. Arrasmith
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answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're in a tough spot with your ex-girlfriend regarding the house sale. Since you're both on the deed, she has a claim to the property, but your situation is unique because you've shouldered the financial burden alone.

To address this, gather all your...
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2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.

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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
James L. Arrasmith
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answered on Jun 14, 2024

First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.

Consider transferring assets to family...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More

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1 Answer | Asked in Divorce, Internet Law and Family Law for North Carolina on
Q: After signing a legal separation, how long does it take for an absolute divorce in NC? and can this be done online?

Both parties heave signed and notarized the separation agreement and have been separated for 2 years.

James L. Arrasmith
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answered on Jun 8, 2024

In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: someone came to visit me with a travel visa. the visa has now expired but they refuse to leave my home. What can I do?

It has been a few months since their visa expired. Are there consequences for me since I didn’t do anything right away? I wanted them to leave on good terms but that’s not going to happen since they are outright refusing to leave my home.

James L. Arrasmith
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answered on Jun 8, 2024

I understand that this is a difficult and stressful situation. It's important to address it promptly to avoid potential legal consequences for both you and your guest. Here are some steps you can take:

1. Have a serious conversation: Sit down with your guest and firmly explain that...
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