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North Carolina Small Claims Questions & Answers
2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

T. Augustus Claus
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answered on Feb 7, 2024

In North Carolina, a property management company is generally required to provide tenants with notice before sending a repair technician to the property, especially when it involves entering the living spaces and taking photos or videos of personal belongings. This requirement is meant to respect... View More

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2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.

NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without...
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1 Answer | Asked in Small Claims, Divorce and Family Law for North Carolina on
Q: Can I get money back from my husbands student loans I paid off pre-divorce?

I paid off all my husbands student loans, most were from before we were married. He cheated on me so we are getting a divorce. Can I sue him for the cost of the student loans?

T. Augustus Claus
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answered on Jan 11, 2024

In North Carolina, the division of assets, including the repayment of debts, is typically addressed during divorce proceedings. However, the treatment of student loans can be complex, especially if they were acquired before the marriage. Generally, debts incurred before marriage are considered... View More

1 Answer | Asked in Small Claims and Contracts for North Carolina on
Q: If someone takes your car and says they'll make payments but then doesn't pay you can you report it stolen

My friend wanted to buy my car but didn't have the money for it yet, so I let him borrow it on the basis he'd make payments, he kept making excuses of why he couldn't pay, even wrecked the car and blew the motor. Now the car is Mia and he won't tell me where it is.

James L. Arrasmith
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answered on Nov 12, 2023

When you initially allowed your friend to take your car with the agreement that he would make payments over time towards purchasing it, that established a verbal contract between you. However, when he failed to make the payments as promised, stopped communicating with you, and essentially... View More

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

2 Answers | Asked in Consumer Law, Small Claims and Contracts for North Carolina on
Q: I was wondering if we sign a contract for 5 years of services after 3 months ask to cancel do still pay the rest??

Had it canceled the first year and now they want the rest of it.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 1, 2023

An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... View More

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1 Answer | Asked in Small Claims, Landlord - Tenant and Libel & Slander for North Carolina on
Q: If I was falsely accused of illegal activity and slandered upon is that illegal?

I rented a house from a company. Upon check in the woman discriminated against me because I had teenage kids. She then falsely accused me of doing illegal activity and trashing that house, in which I had video proof did not take place. It was prior tenants that did it the weekend before because a... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

As for the potential housing discrimination claim, you didn't provide enough information for anyone to try to point you in the right direction.

As for the potential defamation ("libel" if written/"slander" if spoken) claim, whether or not you could win would depend...
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2 Answers | Asked in Collections, Small Claims and Civil Litigation for North Carolina on
Q: Can a home furniture store have someone arrested in North Carolina?

My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 11, 2022

Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by

allowing a security interest to be placed on the property or by delivering the property to a...
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1 Answer | Asked in Small Claims for North Carolina on
Q: I got a check from Lucas v synchrony bank settlement administrator claim I D SYLU-IA300-376 is the check real??
Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. It's possible it could be a class action - but no one here can be certain. A starting point for investigating could be to contact the administrator. Good luck

1 Answer | Asked in Contracts and Small Claims for North Carolina on
Q: Our ceremony was cancelled because of covid and we couldn't reschedule. The venue is refusing to return the $800 deposit

There was no contract. We paid the $800 in two parts and I kept both receipts. The venue owner has been very rude, and I'm wondering if small claims court is worth it.

N'kia (NLN)
N'kia (NLN)
answered on Apr 24, 2023

Whether or not you can win in small claims court (or any other court) would depend in part on the terms of the contract itself. You may want to start by consulting with an attorney who can review the contract and advise you on your specific rights.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for North Carolina on
Q: Does a vehicle repair shop incur liability if my vehicle is damaged while on the business's property awaiting service?

My RV's catalytic converter was stolen overnight while the RV was parked on the repair shop's property-- which has no fencing or lighting--while awaiting various repairs. The shop replaced the converter and billed me for ALL parts and labor. My auto insurance reimbursed me for the costs... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 3, 2022

You would have to prove that the shop knew there was a security problem there. As in, it's happened before there very often, but they failed to warn you or take steps to increase security. If no police reports are filed, that would be very difficult to prove. You may be able to search police... View More

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... View More

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: I am trying to file an Application and Order for Extension of Time to Answer in Fayetteville nc (Cumberland County) ?

Im honestly confused do i go to the court house to fill out a form i cant find anything online?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2022

There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is... View More

2 Answers | Asked in Bankruptcy, Real Estate Law, Probate and Small Claims for North Carolina on
Q: I executed a new deed adding my wife to the house. 7 months later I'm getting sued by a creditor. Was this fraudelent?

We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 15, 2022

Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.

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1 Answer | Asked in Small Claims for North Carolina on
Q: Can my uncle quit claim his deed to me even if it is a Va loan home
Ben Corcoran
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Ben Corcoran
answered on Sep 29, 2021

Most mortgages have a due on transfer clause in the contract, which means that they could require full payment of the remaining balance of the loan. You should contact the mortgage provider to see what your options are.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... View More

Kirton M. Madison
Kirton M. Madison
answered on Jun 16, 2021

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... View More

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1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... View More

Nina Whitehurst
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answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... View More

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: Walmart is refusing to uphold their “Satisfaction Guarantee” on a box of coffee. How can I go about this?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 2, 2021

Complaint to corporate. Give negative ratings on the product and on the store. You can't sue them in small claims because they are not an NC corporation. Court costs alone for District Court are over $150.00. The money you lost is not worth filing a lawsuit over. Stop giving them your... View More

1 Answer | Asked in Small Claims for North Carolina on
Q: The person sold me a trailer and failed to transfer the title and won't pay the fees to send it in. This is in NC.

I bought a boat and trailer in NC. The person who sold me the boat and trailer failed to send in the trailer title to be transferred to his name. When he sold me the boat he gave me a bill of sale and said that was enough to get the title under my name. When I went to the DMV they said that they... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 4, 2021

You can threaten to sue or actually sue. Both of these actions might induce him to act as he should.

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