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North Carolina Small Claims Questions & Answers
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... Read more »

Ben Corcoran
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... 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 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Criminal Law and Personal Injury for North Carolina on
Q: A hotel I am living at is false advertising I have filed a complaint with the doj is there anything I can else I can do?

The person working the desk also the owner said he wasn't offering the posted weekly rates that are taped in the office window due to covid-19 which should have been $225. Instead he said I would have to pay the nightly rate and charged me $45 per night for 7 nights which totaled $315. He is... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It might not necessarily be false advertising - it's possible it could be an oversight resulting from changes in day-to-day operations that the pandemic has forced upon small business owners. There could be... Read more »

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: I bought a used motorcycle from a dealer cash outright. The dealer does not have the title yet.

My temp tag is expiring soon and I don’t yet have a tag or title. The dealer is saying they need more time to get the title. What should I do next?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

I assume the bike has an NC title. If it has been more than 60 days since you purchased the vehicle, they have not delivered the title on time. They were required to disclose to you in writing they did not have the title in their possession when you bought it. If they don't give it to you... Read more »

1 Answer | Asked in Consumer Law, Collections and Small Claims for North Carolina on
Q: A Judgement was filed against me for credit card debt how do I need to respond?

It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... Read more »

Paige Kurtz
Paige Kurtz answered on Jun 2, 2020

It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I have a lease with a tenant and a cosigner in NC. Are their spouse's responsible for a financial judgement as well?

The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?

Paige Kurtz
Paige Kurtz answered on Jun 1, 2020

Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.

1 Answer | Asked in Small Claims for North Carolina on
Q: Break lease agreement
Tim Akpinar
Tim Akpinar answered on May 25, 2020

You might have better chances of a reply in the Landlord-Tenant category. There's no need to include personal information, but it would be helpful to post in the form of a question. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for North Carolina on
Q: What can a business do when a corporate customer chooses not to pay? Approaching 200 days past due. Written Contract.

We were contracted by a new customer to provide a skilled service and materials for a project. The new customer is a multi million dollar company in NC. We are a 4 person small business in NC. We fulfilled our end of the agreement, but the customer now says they can't pay us (they can't... Read more »

Paige Kurtz
Paige Kurtz answered on May 14, 2020

You can certainly pursue a claim against the company for balance due. Based on the amount, I would suggest filing a small claims action. It will have to be filed in the county where the company is based and you will have to present for the hearing. Otherwise, it would have to be filed in District... Read more »

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Small Claims for North Carolina on
Q: My ex stole my car and is refusing to return it it’s in my name.

My ex and I recently broke up and he has stolen my car and is hiding it somewhere and refuses to bring it back. The title is in my name. Will the police do anything?

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 15, 2020

If by ex you mean husband - the police likely will not do anything. If you mean ex as in boyfriend - then is is possible they will consider it theft. You should call either way. Best of luck.

1 Answer | Asked in Contracts, Construction Law and Small Claims for North Carolina on
Q: Can I sue my GC for damages?

I hired a GC in August (with a written contract) that had an estimated timeline of 6 weeks to completion. It went well in the beginning, but he began to demand advances, which we naively provided via credit card. He continued to demand advances, threatening to walk if we didn't pay, while... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

Yes, your damages are any monies paid to the contractor for work not performed. Also, the difference between the costs you were paying this contractor and the costs to fix and/or replace.

1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on
Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 27, 2019

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for North Carolina on
Q: Can I sue my owner financed mortgage lender for emotional distress for changing the original mortgage terms?

Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and... Read more »

1 Answer | Asked in Banking, Civil Litigation and Small Claims for North Carolina on
Q: Help with bank levy

I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2019

This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.

2 Answers | Asked in Small Claims and Bankruptcy for North Carolina on
Q: I'm on disability and owe 9,800 to creditor could they take a home that's in mine and my moms name?

what could happen if I get a judgement?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.

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1 Answer | Asked in Car Accidents and Small Claims for North Carolina on
Q: My taxi driver backed into and knocked down my mailbox. He took off after throwing $20 at me. Wasn't nearly enough money

Wasn't enough money to replace mailbox post and have it installed . Contacted citi taxi and they refused to cover expense or to give me name of taxi driver so at this point I don't have his insurance info to make a claim. I have his "hack" # and cab number, but not his name or... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Tell citi if they don't give the insurance for their car you will have to assume it's uninsured, and report them to the agency that regulates taxicabs. Follow up with action if they don't.

1 Answer | Asked in Divorce and Small Claims for North Carolina on
Q: Can my friend take her kayak back from her ex boyfriend?

My friend and her then boyfriend had an agreement. She bought 2 kayaks, and he bought 2 paddles. He is claiming this is a gift and that she cannot take the kayaks back , even though she has the receipts to prove her purchase. Legally, is she right to take the kayaks that she purchased ?

Amanda Bowden Houser
Amanda Bowden Houser answered on May 5, 2018

Receipts only prove she purchased the kayaks - not that she currently owns them. He is claiming they are a gift (although why he would claim she gave him both kayaks is sort of dubious). If she can get the kayaks without breaching the peace, she can take them back but he may call law enforcement... Read more »

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