Robert Ashley Meynardie’s Answers

Robert Ashley Meynardie

Raleigh Construction / Development Lawyer.

Contributor Level 4
  1. We are going to depose the defendants (we ask the questions.) How important it is to enter evidence during the deposition?

    Answered 5 months ago.

    1. Daniel Allen Meier
    2. Robert Ashley Meynardie
    3. Alan James Brinkmeier
    4. Jeffrey Ira Schwimmer
    4 lawyer answers

    There are a variety of reasons to take a deposition and how you take it and how you use or don't use evidence depends on your objective. Are you seeking to learn what the other side knows or commit their testimony to the record? Is the evidence you want to "enter" something that you need explained to you or is there some other purpose for using it before trial. These are critical questions that cannot be answered on AVVO. The rules of evidence are not critical at the deposition but you...

    3 lawyers agreed with this answer

  2. Paid a contractor and he didn't finish the job and won't respond back. What's the next step for us to take to get our money?

    Answered 10 months ago.

    1. Robert Ashley Meynardie
    2. Matthew Vernon Silva
    3. Douglas E. Portnoy
    3 lawyer answers

    Under contract law you are entitled to recover what you bargained for at the bargained for price. So the answer is multi-layered. You are entitled to the money that you paid for things he didn't do. You can't recover what you paid someone else to do unless you already paid the original contractor for it or it cost more with the replacement. To recover if he refuses to pay you back you will need to file a Complaint. This amount is small enough that you could do so in small claims court....

    2 lawyers agreed with this answer

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  3. If I want to kinda bury the court in paper by siting cases relevant to my case where do I go and how do I go about it?

    Answered 2 months ago.

    1. Robert Ashley Meynardie
    2. Bobby L. Bollinger Jr.
    3. Charles Michael Tobin
    3 lawyer answers

    You cannot bury a court in paper. If you have a motion to file you can file a proper motion and cite relevant cases but you must have a good faith basis for any filing. Although courts are more forgiving of pro se parties the rules still apply to you. Without knowing what kind of case or what you are trying to accomplish I cannot give much guidance but I strongly recommend that you hire qualified counsel before trying to bury the court in paper.

    2 lawyers agreed with this answer

  4. What is a complaint in summary ejectment?

    Answered 6 months ago.

    1. Robert Ashley Meynardie
    2. Bobby L. Bollinger Jr.
    3. Paige C. Kurtz
    3 lawyer answers

    Summary ejectment is an expedited procedure to evict a tenant (usually for non-payment of rent or some improper use of the property). It does not preclude an action for past due rent but is designed to decide relatively quickly the possession issue.

    2 lawyers agreed with this answer

  5. Is there a statute of limitations for filing a petition to get answers about an irrevokable family trust in TN?

    Answered 9 months ago.

    1. Robert Ashley Meynardie
    2. Christian K. Lassen II
    3. Alan James Brinkmeier
    4. Samuel Cohen
    4 lawyer answers

    I am sorry but this is governed by Tennessee law and I am unqualified there.

    2 lawyers agreed with this answer

  6. When are motions to dismiss normally submitted to the court?

    Answered 9 months ago.

    1. Anna Morrison Goodwin
    2. Robert Ashley Meynardie
    3. Douglas E. Portnoy
    4. Samuel Cohen
    4 lawyer answers

    Sorry but we practice civil litigation and your question is a criminal law question.

    2 lawyers agreed with this answer

  7. My wife and I are suing the builder for 100+ construction defects, big and small.

    Answered 9 months ago.

    1. Robert Ashley Meynardie
    2. Anthony Lee Osborn
    2 lawyer answers

    I am going to assume your suit is in State court in Wake County. If so, the local rules can be found here: http://web.co.wake.nc.us/courts/rules.html Interrogatories may not be the best way to get what you want but the answer to your question is that you need to file a motion to the Court seeking leave to serve additional interrogatories. If you would like to discuss this question, please e-mail me at bob@mnlaw-nc.com

    2 lawyers agreed with this answer

  8. Which party do I serve with a Mechanic's Lien process(es): original owner, current owner, both, or…?

    Answered 2 months ago.

    1. Robert Ashley Meynardie
    1 lawyer answer

    This is a complex question that depends on dates of service, the date(s) of foreclosure etc. You may have contractual rights against the original owner and may or may not have lien rights depending on these factual questions.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. What do I need to do if a roofing contractor has put a lien on my home and property for not paying a small portion of total bill

    Answered 6 months ago.

    1. Robert Ashley Meynardie
    2. Thomas Richelo
    3. Douglas E. Portnoy
    3 lawyer answers

    The lien will expire 180 days after the last date of furnishing labor or materials unless he files a lawsuit. Unless you are trying to re-finance or sell the house, you should wait it out. For a small amount contractors sometimes file liens to scare but do not have any idea what they are supposed to do next.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can I file a mechanic's lien against the property owner when I was the subcontractor and have not been paid by the contractor?

    Answered 6 months ago.

    1. Robert Ashley Meynardie
    2. Paige C. Kurtz
    2 lawyer answers

    Yes. A subcontractor has the right to lien property but those rights are what are called subrogation rights, which means you have the same rights as the contractor has against the owner. What this means is that if the owner has paid the contractor by the time you file you have lost the right.

    1 lawyer agreed with this answer

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