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North Carolina Small Claims Questions & Answers
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 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 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 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
PREMIUM
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
PREMIUM
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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
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.

2 Answers | Asked in Landlord - Tenant, Collections, Municipal Law and Small Claims for North Carolina on
Q: A tenant defaulted on rent and abandoned an office in NC. Their HQ is in GA. Can I use small claims court in NC to sue?

The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 2, 2020

You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.

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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... View 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... View More

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: If I pay the car note will I be able to get it back or do they sell it and I still have to pay anyway

This is just a nightmare am going to lose my job because of this I don’t understand if they couldn’t do the verbal agreement why so I could have try to figure something out rather then lose my job am a signal mom I really need my job I only complained because I was waiting with no response just... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2020

You might possibly be able to get them to give you the car back if you make all past due payments plus pay late charges - but they can legally refuse to agree to do that, and they can demand you pay off the loan in full - just because of missing one payment. You loan agreement most likely says any... View More

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for North Carolina on
Q: My truck got repossessed after a verbal agreement about the payment because I made a complaint how can I get my truck

My complaint was about two safety recalls and having a dead registration and tags been waiting since April also they lied about the vehicle ever being in a accident before I purchase it I’ve been getting ignored but if I call from a different from they pick up but say I’ll call back but don’t... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2020

This is something that you need specific advice about including a review of all of the paperwork you signed. Verbal agreements are generally not enforceable, but you may have claims against the dealer. Contact an experienced auto fraud attorney for advice. Do not delay, you will not be able to get... View More

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