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I filed a stay on a writ of possession in a foreclosure case yesterday, and today I checked the portal, which indicates my foreclosure case has been reopened. I have not received direct confirmation that the stay has been granted. I filed the stay based on the violation of the maxim of commercial... View More 
answered on Mar 12, 2025
If this was an eviction rather than a foreclosure, No. It just means the file was reopened. It is possible the request may be denied by a Judge without a hearing if there was no sufficient basis alleged. The Judge may schedule an emergency hearing if you did not request a hearing and pay the... View More
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More
answered on Mar 11, 2025
Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More
My bank account was garnished due to state taxes, and I have received written notice about this action. I have not yet contacted the tax authority about this specific garnishment, and I have other unpaid taxes with the state. Can I request them to unfreeze my account and set up an installment plan... View More
answered on Mar 6, 2025
You should contact a bankruptcy lawyer for advice about filing Chapter 13 (I assume this is personal income tax). You may get a longer time to pay if you file bankruptcy, and you may actually get back the funds if you file quickly.
In my experience, the State of NC will not lift the... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More
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answered on Jun 21, 2024
This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:
1. FSA and Insurance Fraud:
What you've described could be considered fraud against both... View More
Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.
answered on Jun 12, 2024
As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More
I gave the car to my son, an he let the insurance lapse an I would want it back before something happens
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answered on Apr 6, 2024
If the car is titled and registered in your name, and your son has taken it without your permission and allowed the insurance to lapse, the proper steps are to:
1. Attempt to contact your son and request that he return the vehicle immediately. Explain the legal and financial risks of... View More
The car in question sustained water damage in New Orleans Louisiana. Allstate declared it a total loss. The state of Louisiana says the car was crushed, but apparently somebody lied to the state. The car was not crushed and sold at an auction. It was then sent to a dealership in KY where the... View More
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answered on Mar 3, 2024
In North Carolina, obtaining a salvage or rebuilt title for a vehicle that has been declared a total loss and has a history of water damage involves specific steps. First, it's crucial to ensure that all repairs made to the vehicle meet the state's safety standards. North Carolina... View More
I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?
answered on Feb 12, 2024
You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More
After the car was gifted new owner did not transfer title and sold the car to another person. What can I do?
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answered on Jan 24, 2024
If you gifted a car and the new owner did not transfer the title before selling it, this can create a complicated situation. In North Carolina, the responsibility to transfer the title typically lies with the new owner. If they fail to do so and then sell the car, it can lead to legal and financial... View More
So my husband bought me a car back in the summer of 2022, my FIL was the one doing all the technical stuff because it was my first car and I didn't know a thing, it's a salvage title so back in TX (where we bought it) he was doing everything to fix it so we could get the title fixed but... View More
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answered on Jan 21, 2024
This is a tricky situation since the title was never properly transferred to your name. Here are a few options to explore:
1) Contact your state DMV and apply for a lost title or bonded title replacement. You'll have to show proof of ownership/purchase and payment. They may issue a... View More
The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in... View More
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answered on Dec 14, 2023
In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the... View More
I run a company in North Carolina that requires a deposit from adopters, which is refunded upon providing proof of spay/neuter surgery. Many refund checks issued to adopters remain uncashed. Although our contract requires proof within a year to avoid forfeiture of the deposit, it does not address... View More
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answered on May 15, 2025
In North Carolina, uncashed refund checks can still be considered a debt owed to the adopters until the money is claimed or lawfully forfeited. Since your contract specifies that the deposit must be refunded upon proof of spay/neuter surgery, the obligation to pay the refund generally remains in... View More
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
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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
I'm seeking potential loopholes in Rule 9 of the North Carolina statute concerning a malpractice case against a non-resident. The case involves a non-resident who has suffered from a Small Bowel Obstruction. Although he refused one treatment, he was never offered a second treatment or... View More
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answered on May 15, 2025
If you're pursuing a malpractice claim under North Carolina law, Rule 9(j) could be a major hurdle. This rule says you have to get a qualified medical expert to review the care and confirm it didn’t meet accepted standards—before you can even file the complaint. If that’s missing, the... View More
I believe we have not received our rights to a fair trial in our DSS case involving our grandbabies. Our public defender doesn't answer his phone, doesn't call back, and has never shown up for court. DSS plans to pursue permanent placement without showing just cause, and there was never... View More
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answered on May 14, 2025
I'm truly sorry you're going through this—being separated from your grandchildren under unclear circumstances is heartbreaking and deeply upsetting. When there’s been no report of abuse or neglect, and the only issue is miscommunication about a move, DSS should not be pushing for... View More
I need to surrender my North Carolina Real Estate license to the NC Real Estate Commission immediately to satisfy mortgage requirements, as deactivation is not acceptable. Our mortgage broker has confirmed that only termination/surrender will fulfill the underwriter's conditions. There are no... View More
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answered on Apr 15, 2025
If you need to surrender your North Carolina Real Estate license immediately, the first step is to contact the NC Real Estate Commission directly by phone and email. Explain that you are voluntarily surrendering your license for personal reasons and that it is not related to any disciplinary... View More
I received a request to pay tuition to a community college in North Carolina, 5 years after I dropped the class. At the time, I did not realize that I owed 25% of the class costs. This is the first notice I have received about the balance since dropping the class. The college cannot explain why it... View More
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answered on Apr 13, 2025
In North Carolina, as in many other states, there are statutes of limitations that set a time limit on how long a creditor, including a school, can wait to collect a debt. Generally, for contracts or agreements, the statute of limitations is three years. This means that the school may not be... View More
I filed a motion for relief on March 12 in a foreclosure judgment case, and I've noticed that the case has been reopened. I'm not currently at the property, so I haven't received any mail updates, and I forgot to include the communication page that indicates the actions taken. I... View More
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answered on Apr 12, 2025
When your foreclosure case is reopened after you filed a motion for relief, it typically means the court is reviewing your motion and considering the request you made. Reopening a case doesn’t automatically grant the relief you’ve asked for, but it does indicate that the court is taking action.... View More
I moved out of a rental property after the city condemned it due to it being a hazardous structure. I was initially awarded my security deposit back, but the landlord hired a judge/lawyer and took me back to court. They claimed the eviction was because the landlord didn't receive proper notice... View More
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answered on Apr 12, 2025
It seems like the landlord is attempting to challenge the original court decision after you moved out. Since the city condemned the property, you may have legal protections, especially if the court previously ruled in your favor. The landlord's claim that they didn't receive proper notice... View More
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