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N. Gregory Dewitt

N. Dewitt’s Answers

42 total


  • I received a notice of a motion for a summary judgment. I feel I am prepared to do this, except a simple question that I can not

    find an answer to for my location. Must I rewrite each paragraph from the motion of the summary judgment and respond under it or can I just number the paragraphs and then put my responses to the statements there in same numbered order?

    N.’s Answer

    The previous answers by the out-of-state attorneys are excellent. You really do need to hire local counsel if you intend to oppose the MSJ. While the Durham County judges give quite a bit of leeway to pro se defendants, you will probably lose the motion (and therefore the case) against an attorney.

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  • Residential Apartment Lease requires 60 days notice for termination in NC?

    Can a landlord require 60 days notice of termination on a residential lease in North Carolina? If my signed lease states that the lease term ends on a certain day (15 days from now), but i forgot to also give them 60 days notice (because i as...

    N.’s Answer

    It depends on what the lease says. If the lease automatically renews unless either party gives 60 days notice prior to the lease term end date, then you are in the lease for whatever the renewal term is.

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  • How do you get an executor to follow through with the will?

    My grandfather died in 1985 leaving my deceased father's portion of his will to my sister and I. The executor is supposed to sell this property, which consists of about 18 acres, but has been in no hurry to do so. He has been paying property tax...

    N.’s Answer

    • Selected as best answer

    It depends on the language of the will. In NC, real property transfers to the beneficiaries (or heirs) upon instant of death but remains subject to the claims of creditors until certain notices and actions have occured. Most wills have language that would permit the executor to sell the property to pay claims against the estate. I think you need to hire local counsel and ask them to review the estate file. Twenty-five years is too long for an estate to remain open (though sometimes its kept open to avoid certain tax liabilities). Our local estate clerks start questioning us if the file is open more than two years.

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  • Can I be sued for back rent if I' never lived there?

    I had signed a lease for an apartment back in August. Due to a change in my plans of which college I was going to attend, I no longer needed to live there and did not move into the apartment. I haven't been paying the rent that I would normall...

    N.’s Answer

    Yes, the landlord may be able to sue you for unpaid rent. The landlord would have a duty to mitigate his damages and attempt to find another tenant, but the standard for how hard he has to try is pretty low. What happened to the security deposit? Did they keep it and send you notice that they were going to keep it?

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  • In the state of NC, how long a separation is required with a child?

    Husband and I are separated, not legally though, and we have one child together. He wants to live with his dad. I am not fighting this. How long a separation is required before we can divorce?

    N.’s Answer

    You have to live separate and apart for one year to file for absolute divorce.

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  • I just got married, my husband has a civil court judgement agaisnt him. If I take my husband's last name, can they come after me

    It is about $3k

    N.’s Answer

    No, (However, there may be an exception if it is an IRS lien or federal government judgment). Whether you take his name or not is irrelevant. A judgment creditor (again, except for the US Government limited exceptions) can only proceed against your husband's separate property that he owned prior to marriage. Be sure he completes and files the motion to claim exemptions if they notice him.

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  • Do I need to hire an attorney for my child's court case? Hi is charged with destruction of govermment property

    He wrote graffiti on bathroom walls at school

    N.’s Answer

    I would advise either hiring a private attorney or if your situation warrants it, ask the court to appoint counsel for him. He needs the skill of an attorney to help him navigate the possible alternatives to a criminal conviction.

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  • Does lying about previous marriages on marriage certificate make it null and void?

    My husband and i got married a year ago. we have been separated for 9 months. I just recently found out he lied to me and this is actually his third marriage. on our marriage certificate he lied and said this is his first marriage. Does this make ...

    N.’s Answer

    Most likely not. However, if he was still married to a previous wife when he married you, then yes the marriage is null and void.

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  • I ended my lease in July 2010, but have not received my deposit back, can I charge interest??

    They told me the deposit can take up to 30 days to process, but it has been more than that and i still have not received my deposit. Can I charge them a daily interest due to the fact that they are holding my money?

    N.’s Answer

    No you can not charge them interest. They have 30 days from the end of the lease or when you moved out (whichever is greater) to provide the security deposit or an accounting for deductions against the security deposit. There is a provision to give you an interim accounting at the 30 day mark if they are unable to determine the charges against the deposit. In that situation, they have to give you an interim accounting and then have a maximum of 60 days to provide the security deposit or a final accounting for any deductions.

    Did your lease end on July 31, 2010? or did you breach your lease and just leave?

    Is the landlord a real estate broker? Ie. were you dealing with a property management company or an individual homeowner? If they are a property management company (and therefore a licensed real estate broker), you may want to remind them that NCGS 42 Tenant Security Act requires that they return your security deposit within 30 days. Assuming you didnt breach the lease, you can file a complaint with the NC Real Estate Commission. If they are not licensed brokers, then you have to sue in court. You can seek triple damages on this if I recall correctly.

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  • Can a salon owner put a tenant (booth renter) on probation?

    NC State Boards require a licensed cosmatologist to complete 24 hrs CE in a 3 year window. My window began May 2010. My salon owner stated she is putting me on probabtion (can't have any clients in) for two weeks, with the reasoning that I am "fal...

    N.’s Answer

    This practice sounds questionable but unfortunately you will need to review your booth rental agreement to find the answer. This is a commercial agreement and the terms of the agreement will be key to determing what the salon owner can do or not do.

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