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North Carolina Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Need preliminary plat for septic permit in subdivision with HOA rules.

I'm a property owner in a major subdivision lacking a preliminary plat, which I need to obtain a septic permit. HOA rules are also involved. What steps can I take to address this issue and move forward with my plans?

0 Answers | Asked in Banking and Criminal Law for North Carolina on
Q: Is knowingly overdrafting a bank account by $1,000 a criminal act in NC?

I knowingly overdrafted my bank account by $1,000 today and cannot pay it back. There has been no contact from the bank, no prior arrangements regarding overdrafts, and this is my first time overdrafting by this amount. Could this situation lead to criminal charges?

0 Answers | Asked in Banking and Consumer Law for North Carolina on
Q: Dealership mistakenly purchased loan; threat of repossession

I took out a loan for my vehicle in 2020, and it was closed two months ago. Recently, my dealership mistakenly purchased my loan, and I received a voicemail threat of repossession today. What steps can I take to resolve this situation and prevent repossession?

1 Answer | Asked in Employment Law for North Carolina on
Q: Denied necessary accommodation at work for disability.

I'm disabled due to epilepsy and spinal disorders and work in event planning, including concerts and NASCAR races. My employer has previously provided me with a chair due to my condition. At a recent NASCAR event, I repeatedly asked for a chair but was denied without explanation, and my... View More

Carmen "Jack" Giordano
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answered on May 21, 2025

Given that your employer was aware of your disability and provided an accommodation for you, hopefully the failure to provide the chair at this particular NASCAR event was a one time anomalous mishap, ie, improper failure to accommodate, assuming the provision of the chair with rest time for the... View More

Q: Do I need an attorney for my small claims appeal in NC District Court?

I am the plaintiff in a small claims case in North Carolina, which was dismissed because the judge couldn't accept a landlord-tenant relationship due to the lack of a signed lease. The tenant refused to sign the lease. I have filed an appeal to the District Court and was told that an attorney... View More

0 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: How to handle a joint custody issue with a 17-year-old in NC?

What can I do if my almost 17-year-old son, who is uncomfortable with our current joint custody arrangement, does not want to visit his dad for a while? He feels overly controlled when there and expressed his desire to take a break from switching between homes to his father. However, his father is... View More

0 Answers | Asked in Banking, Civil Litigation and Real Estate Law for North Carolina on
Q: What are my options to remove my surrendered Jeep from my property when the bank refuses to pick it up because it's totaled and I owe money?

I surrendered my Jeep to the bank due to my disability a year and a half ago. Although they initially said they would pick it up, no one came until two weeks ago. They failed to inform the person they sent that a flatbed was needed because the vehicle is now totaled due to Hurricane Helene. The... View More

0 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for North Carolina on
Q: Can I legally turn off water to a mobile home lot with no landlord-tenant relationship?

I am part of an LLC that owns a mobile home park. We attempted to evict an occupant renting out a lot in our park, but the court dismissed our case due to the lack of a written or verbal agreement, stating there is no landlord-tenant relationship. The occupant has been renting the space to others... View More

0 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for North Carolina on
Q: Steps to address a mobile home in NC MHP not paying lot rent or holding lease.

In North Carolina, what are the legal steps I can take to address a situation involving a mobile home in a mobile home park (MHP) that should be paying lot rent but does not have a lease for the lot and refuses to sign one? The owner does not live in the mobile home, has rented it out for several... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for North Carolina on
Q: Can I cancel a contract if a client breaches terms by supplying labor and materials?

I am a contractor in North Carolina with a cost-plus contract to build a home for a client. According to our contract, I am responsible for supplying all labor and materials, except for the concrete work agreed upon separately. However, the client has breached the contract by supplying labor and... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, if the client has repeatedly supplied labor and materials in violation of your contract, that could be considered a material breach. Even if the agreement doesn't explicitly give you the right to cancel, a consistent breach that interferes with your ability to perform your obligations may... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for North Carolina on
Q: Seeking free resources to compel developer to complete repairs for DOT takeover of subdivision.

The developer of our subdivision was supposed to turn it over to the DOT after the last house was built in 2016. However, he hasn't completed the necessary repairs for the DOT to take over, claiming he doesn't have the money. We've tried multiple times to communicate with him. I even... View More

James L. Arrasmith
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answered on May 15, 2025

You're not alone in this—many communities face the same issue when developers fail to follow through on promises, especially with DOT takeovers. The good news is, there *are* free resources that can help guide you through the process. Start by gathering any documents you have, including... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can the IID requirement be dismissed given my completed DUI requirements and changed circumstances?

I received a DUI in 2012 and got my license in 2014, which was later suspended due to my failure to complete a DUI assessment. I have now completed all requirements related to the DUI, including the assessment. My license is supposed to be reinstated, but I'm required to install an IID to... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve come a long way since your DUI, and it’s clear you’ve made real progress by completing your assessment and meeting the requirements tied to your case. It’s understandable to feel frustrated now that everything is behind you, yet you’re being held up by a financial obstacle like the... View More

2 Answers | Asked in Consumer Law and Contracts for North Carolina on
Q: Unexpected bill increase for lawnmower purchase from Home Depot

I purchased a lawnmower from Home Depot, and nobody mentioned it was part of a promotion until after my purchase. I've now received a bill that is almost double the purchase price after paying on it for two years. I wasn't given any details about the promotion at the time of purchase, and... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 13, 2025

I'm assuming this was made using a Home Depot credit card that they issued to you. In order to win your argument, you would have to prove that you received monthly billing statements that had no disclosure about the promotional rate. You would also have to prove you did not sign something at... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for North Carolina on
Q: Options for wrongful car booting due to license plate issue in NC?

I reside in a residential area with a parking agreement that requires updating vehicle information only for new vehicles or rentals. My car, already registered in their system, was booted by the parking company for not updating my license plate, but I have a valid 10-day tag. Nowhere on the... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to feel upset—being booted when your vehicle was already registered and in compliance with the agreement is frustrating and disruptive. If the parking agreement only requires updates for new or rental vehicles, and your car simply had a new 10-day tag, then booting your vehicle... View More

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: Transfer vehicle title in NC when co-owner is deceased without a will.

I am in North Carolina and co-owned a vehicle and a property with another person, who has recently passed away without a will. The deceased has heirs, and their law firm is requesting that I pay them the book value of the vehicle so that they can transfer the auto title to the heir's name. The... View More

James L. Arrasmith
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answered on May 15, 2025

If the vehicle title in North Carolina was held as “tenants in common,” your co-owner’s share does not automatically pass to you after their death. Instead, their portion becomes part of their estate and must be transferred according to North Carolina probate laws. That’s why the law firm... View More

1 Answer | Asked in Federal Crimes, Traffic Tickets and Criminal Law for North Carolina on
Q: How to handle traffic tickets while in federal prison with pending warrant? Need legal assistance in NC.

I've been incarcerated in federal prison since October 2023, and I received traffic tickets in September 2023, which have been pending ever since. In March 2025, a warrant was issued for these tickets, although the courts should have known of my federal custody status. I haven't received... View More

James L. Arrasmith
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answered on May 15, 2025

This is a frustrating situation, especially when your federal incarceration is preventing you from addressing older charges that are now affecting your reentry timeline. If the warrant was issued after you were already in custody, the court should have been notified through proper channels, but... View More

Q: Can I sue a police department for refusing to help me with a title dispute in North Carolina?

I purchased a vehicle in North Carolina, paying most of the cost, and acquired tags and registration. The seller placed a lien on the title and later stole the vehicle keys, falsely telling the police I paid nothing. Despite having receipts, the police refused to verify my claims and forced me to... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve experienced is incredibly frustrating and unfair, especially when you have documentation that proves your side. Police departments usually don’t handle civil title disputes, but it’s concerning that they took the seller’s word without reviewing your receipts or registration.... View More

1 Answer | Asked in Public Benefits, Child Support, Social Security and Family Law for North Carolina on
Q: Does child support affect Medicaid eligibility for adult with Down syndrome?

I have a 42-year-old stepson with Down syndrome living in North Carolina. He has been receiving SSI since he was 18 and will soon start receiving SSA benefits from my husband's retirement. We currently pay child support to his mother. Will this financial arrangement affect his Medicaid eligibility?

James L. Arrasmith
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answered on May 8, 2025

Your situation involves several important considerations. When an adult with a disability transitions from SSI to SSA retirement benefits through a parent, this change can affect their Medicaid eligibility. In North Carolina, individuals who receive SSI are automatically eligible for Medicaid, but... View More

Q: Fair Housing retaliation lawsuit for disability discrimination in Charlotte, NC?

I have been facing repeated refusals to process housing accommodations and unauthorized changes impacting access and housing stability in Charlotte, NC. There has been a public disclosure of private housing matters leading to more barriers in securing safe housing. I've filed complaints with... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, based on what you’ve described, you may have grounds to file a Fair Housing retaliation and disability discrimination lawsuit. The Fair Housing Act prohibits landlords and housing providers from discriminating against tenants or applicants based on disability, and also protects you from... View More

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for North Carolina on
Q: How can NC homeowners address HOA mismanagement and mailbox cluster cost issues?

I live in North Carolina, where our HOA was recently turned over from the builder. There's no common area apart from a small section around a sign that is listed as an easement and a mailbox cluster that serves only 16 of the 50 units. The HOA manager insists that all 50 units must cover the... View More

James L. Arrasmith
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answered on May 14, 2025

It’s frustrating to deal with an HOA that isn’t transparent or fairly managing funds—especially when homeowners are being asked to pay for amenities they don’t use. In North Carolina, HOA boards are legally required to act in the best interest of the community, follow the bylaws, and... View More

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