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North Carolina Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for North Carolina on
Q: can i sued my workplace for having my work vehicle towed from the property without notice?

i work for the USPS

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your situation with your work vehicle. It's important to understand the reasons behind the towing and whether any policies were violated by either party.

First, review your employment contract and the USPS policies regarding vehicle use and parking on...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: What is the legal age to be gifted a handgun from family in the state of NC is it 18?

I was wanting to be gifted a handgun from my grandfather when i turn 18 is this legal?

James L. Arrasmith
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answered on Oct 10, 2024

In North Carolina, the legal age to receive a handgun is generally 21 years old. While family transfers are allowed without a federal firearms license, the recipient must still meet all legal requirements. This means that even if your grandfather wants to gift you a handgun when you turn 18, it... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: What can happen to a co-signer of an auto loan if the primary person dies ?

Primary loan holder for a car dies. Co-signer still alive (90 years old) ,but co-signer name is not on the title of the car. Wife of the deceased is not making the car payments. What can be done to the co-signer if car is repossessed? She is 90 and only owns her car, and does not have income to pay... View More

James L. Arrasmith
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answered on Sep 18, 2024

If you are the co-signer of an auto loan and the primary borrower has passed away, you are still legally responsible for the loan, even though your name is not on the car’s title. The lender will expect you to continue making payments, and if they aren't paid, they can repossess the car. In... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: My 16 year old wants to move out her dad house to my house we live in North Carolina can she legally leave her dad house
James L. Arrasmith
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answered on Sep 18, 2024

In North Carolina, the legal age of emancipation is 18, which means that until your daughter reaches that age, her living arrangements are generally decided by the custody agreement between you and her father. If the custody order designates her father as the primary custodian, she cannot move... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: Can an urn be exhumed and reburied in a family plot cemetery?

Living relatives have located parent urn want to relocate it to the family burial cemetery.

James L. Arrasmith
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answered on Sep 11, 2024

Yes, an urn can generally be exhumed and reburied in a family plot cemetery, but the process involves several steps and considerations. You will need to check with the cemetery where the urn is currently located, as well as the cemetery where you want to move it. Both places may have specific... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: My x and I have a 35' camper 5th wheel. I own 2/3. It sits on her property in North Carolina while I am in Florida.

I want to get possession since I own 2/3

James L. Arrasmith
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answered on Sep 8, 2024

To regain possession of your 5th wheel camper, you'll need to consider both your ownership rights and the legalities involved in retrieving it from North Carolina. Since you own 2/3 of the camper, you have a substantial stake in it. However, because it is on your ex's property, retrieving... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: So hypothetically since our justice system is an obvious joke. If I get arrested and brought before a judge in court

Do I have to pretend everyone is treated equal under the law? Or can I ask for that special trump treatment, who if they were anyone else would have been held in contempt 10 times over and thrown in jail and would have been sentenced months ago instead of having it put off. Just curious just how... View More

James L. Arrasmith
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answered on Sep 8, 2024

If you find yourself in court, you don't have to pretend that everyone is treated equally under the law, because it's clear that many people perceive disparities in how justice is applied. You can absolutely voice your concerns about fairness, but it’s important to do so in a way that... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: Does a small nonprofit community run cemetery have to be incorporated? How would I find that information in writing?

A new committee member is trying to get us to incorporate. Most do not think this is necessary and we have never been told we needed to do so or what all that would entail. This person is trying to use scare tactics to force us into something that we do not think we are required to do. So we... View More

James L. Arrasmith
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answered on Aug 31, 2024

In North Carolina, there is no strict requirement that a small nonprofit community-run cemetery must be incorporated. Incorporation can provide certain legal protections and formalities, but it is not mandatory for every nonprofit. The decision to incorporate should be based on an understanding of... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: What can a client of a disbarred attorney, do to find out how to get his settlement?

The attorney is, supposedly disbarred in 2016, from Myrtle Beach South Carolina. The client from jail fire in Bakersville n.c is from Burnsville n.c..

James L. Arrasmith
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answered on Jul 28, 2024

First, you should contact the South Carolina Bar Association to confirm the disbarment status of William Isaac Diggs and report any concerns. They may have records or guidance on how to proceed with cases involving disbarred attorneys.

Next, gather all documentation related to your case,...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: I am trying to find the fourth court of appeals decision allowing passive distribution of bibles in school
James L. Arrasmith
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answered on Apr 15, 2024

The Fourth Circuit Court of Appeals covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina. There have been several cases related to the distribution of religious materials in schools that have gone through this court.

To help me locate the specific case you're...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: I was at cookout a drive thru. People began shooting guns. Cars ahead of us didn't let me leave. Cookout didn't evacuate

I was at cookout last night on the drive thru line. Suddenly there were gunshots around the corner of cookout. People started running away and people on the line got nervous. The workers did not advise anyone to get off the line and the cars ahead of me did not move. I kept honking my horn and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. You could speak with local attorneys about such a case, but the problem is that their conduct would probably not qualify as an accident-related claim under policy. That's only my individual position -... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: I was terminated from my job as kitchen manager and the reason given was because they said I sold a peice of equipment
John Michael Frick
John Michael Frick
answered on Aug 11, 2023

It is lawful to terminate an employee for selling a piece of equipment without authority from the employer.

1 Answer | Asked in Uncategorized for North Carolina on
Q: My husband and I have been separated 5 years. He lives in a house in both our names. He needs to go into assisted living

If I sell house am I entitled to half the profit or does all have to go to assisted living facility

Ben Corcoran
Ben Corcoran
answered on Jun 22, 2023

It sounds like you are not currently divorced. If you sell the house, only half of it should go to your husband.

I would advise paying for specific legal advice as, depending on the current relationship, it may be in your best interests to hold onto the house.

1 Answer | Asked in Uncategorized for North Carolina on
Q: Wife died months ago. The house we purchased together. I just paid it off. Her daughter claims she is going to take it

I recently told her I wanted her out of the house. She says that she can take it from because I signed a paper stating when me and her mom died she got the house. I just want her and her man out of my house so I can have some peace.

Ben Corcoran
Ben Corcoran
answered on Apr 5, 2022

Without seeing the documents in question I don't know for sure, but it sounds like you are likely the sole owner of the house and you can evict your daughter whenever you want.

1 Answer | Asked in Uncategorized for North Carolina on
Q: Can an insurance adjuster in NC have an unlicensed third party provide findings AND estimate, and sign off/approve it?

Looking for legal answer regarding property and casualty insurance adjusting, specifically claims handling. Can a licensed NC adjuster have a third party collect photo documentation of property damages AND provide an estimate to the adjuster, which the adjuster signs off on (in engineering this is... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. Insurance practices involve state law. But nationwide, it is not uncommon for third parties to be used for adjusting or managing claims. Only a N.C. attorney could advise on the specific requirements or... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: If there is a private cemetery and people live above the cemetery road can they put a gate up that is locked?

My family cemetery is on a dirt road and people bought the land above it and have now put a gate up that is locked and says we have to call before we can enter and I was wondering if that's legal?

Ben Corcoran
Ben Corcoran
answered on Jul 7, 2021

The property owners have the right to restrict access to their land, but you also have a right to visit the graves of your ancestors. I would advise trying to work out a more long-term solution before bringing this all before the court. You can file a motion before the clerk to have a more... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: can a 16 year old(girl) and 18 year old(guy) have sex and date?
David Allan King
David Allan King
answered on Feb 17, 2021

Yes, they are allowed to date and have sex, so long as it is consensual, they do not have a teacher/student relationship, North Carolina law applies, etc. In North Carolina 16 is the age of consent. Even minors younger than 16 are allowed to have consensual sex within a certain age-range (I think... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: Should I be nice a cop if he seized my property in an investigation. Or can I be rude in wanting my shit back
Ben Corcoran
Ben Corcoran
answered on Feb 10, 2021

It never hurts to be polite, as a general rule, if you are polite the other person is more likely to be polite.

1 Answer | Asked in Uncategorized for North Carolina on
Q: Is it legal for a 16 year old to date a 14 year old without having sex in North Carolina?

Also, is this legal without parental consent? And is this legal with touching of the genitals with clothes on so that the bare genitals aren't exposed or touched?

David Allan King
David Allan King
answered on May 18, 2020

Yes. It is legal for them to date and it is legal for them to have sex.

§ 14-27.25 covers statutory rape for minors 15 years-old or younger. For it to be statutory rape, the other person must be (a) "at least 12 years old" AND (b) "at least six years older than the...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: Can I legally demand a passenger to get out of my car no matter where we are
Tim Akpinar
Tim Akpinar
answered on Sep 15, 2019

Most jurisdictions wouldn't really have a universal, statutory answer to this. It would depend on the surroundings, the hour of the day, the dynamic between the people, whether the occupant was posing a threat to life and limb, the reasonableness of the demand given the circumstances, and... View More

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