Harrison A. Lord’s Answers

Harrison A. Lord

Charlotte Debt Collection Attorney.

Contributor Level 7
  1. Can I request a person who is not a party to produce documents during discovery?

    Answered almost 2 years ago.

    1. Harrison A. Lord
    1 lawyer answer

    You can request documents from a non-party, but not under Rule 34. You'll need to issue a subpoena under Rule 45. If you are pro se (representing yourself) you'll need to have the Clerk of Court issue the subpoena for you under Rule 45(a)(4).

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  2. A judgment was filed in Catawba Co. in Feb of 2008 but no renewal judgment has been filed since. SOL is 5 years in NC.

    Answered 10 months ago.

    1. Harrison A. Lord
    2. Lynn Ellen Coleman
    3. Andrea Winters Morelos
    4. Paige C. Kurtz
    5. Rachel Lea Hunter
    6. ···
    6 lawyer answers

    As a general rule, judgments remain valid in North Carolina for 10 years (not five), and can be renewed once for an additional ten years. As a result, it appears your judgment remains viable until at least February 2018.

    7 lawyers agreed with this answer

  3. I won a small claims judgment for $5000 but the defendant has not paid. Is it legal to post a notice of the judgment?

    Answered about 1 year ago.

    1. Harrison A. Lord
    2. Kenneth Love Jr.
    3. Rachel Lea Hunter
    4. Christine B. Adams
    4 lawyer answers

    I would advise against it. There are both state and federal consumer protection laws prohibiting the unreasonable publication or publicity of debts owed, and though it is not clear from your question whether those laws apply to you, you are better safe than sorry. There are many tactics you may legally employ to recover on your judgment, potentially including the seizure and sale of real and/or personal property, levying on bank accounts, or pursuing debtors of the judgment debtor. I...

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  4. Where can I find the law in NC that says that a payment renews the SOL of a contract debt?

    Answered 5 months ago.

    1. Harrison A. Lord
    1 lawyer answer

    There is considerable case law establishing this: see, e.g., Fleet Real Estate Funding Corporation v. Blackwelder, 83 N.C. App. 27 (1986) (if a debtor "makes a partial payment after his or her original promise to pay is broken but before the statute of limitations has run, then the statute begins to run anew. . . .").

    5 lawyers agreed with this answer

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  5. I am a franchisee who has had my franchisor come into my market and severely under cut my prices for 7 months..

    Answered about 2 years ago.

    1. Harrison A. Lord
    2. Guy Irvin Wade III
    3. Edward Hallett Maginnis
    4. Gary A Kester
    5. Howard Robert Roitman
    5 lawyer answers

    This will depend on what your franchise agreement says, but generally speaking, I would be very surprised if the agreement allowed this kind of behavior. Regardless, depending on the circumstances, it may constittue an unfair trade practice. I would contact an attorney for a consultation as soon as possible.

    4 lawyers agreed with this answer

  6. Can I hire an attorney to negotiate a debt settlement amount me?

    Answered over 2 years ago.

    1. Harrison A. Lord
    2. Rachel Lea Hunter
    3. Jeffrey Scott Hyslip
    4. William S. Bost III
    4 lawyer answers

    Yes, you can hire a lawyer to negotiate on your behalf. A good attorney should also be able to help you protect your assets as much as possible, and can confirm how the judgment was taken against you in the first place (to the extent you don't already know). It's not clear from your question what you mean by "letter of execution." Did the sheriff come and serve you with a writ of execution? Or did you receive a notice of rights letter? If the latter, make sure you fill out your motion to...

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  7. What is the statute of limitation on judgments in nc

    Answered 9 months ago.

    1. Harrison A. Lord
    2. Jonathan Paul Ward
    3. Andrea Winters Morelos
    4. L. Vincent Ramunno Jr.
    4 lawyer answers

    Judgments in NC are generally valid for 10 years from the date of entry, and can be renewed one time within that period for an additional ten years from the date of renewal. The 2009 judgment will therefore expire in 2019, unless it is renewed, in which case it will expire 10 years from the date of renewal.

    3 lawyers agreed with this answer

  8. My relative has been served with a civil lawsuit for wrongful death. What type of attorney do they need to be looking for?

    Answered over 2 years ago.

    1. Harrison A. Lord
    2. David E Ledyard
    3. Michael D. Evans
    4. Andrew Ronald Gillin
    4 lawyer answers

    Your relative needs to contact his or her insurer right away. Most attorneys with experience handling a wrongful death case will have a relationship with an insurance company. More importantly, it is imperative that your relative respond to the complaint within 30 days of being served. Even if he or she has not yet had the opportunity to engage counsel, one can get a 30 day extension simply by filing a request with the clerk of court. This is exceedingly important.

    3 lawyers agreed with this answer

  9. My daughter and I were in an accident on Dec.30,2011. We were put under the care of a chiropactor and now that we are finished

    Answered over 2 years ago.

    1. Michael Scott Rothrock
    2. Harrison A. Lord
    3. Steven A Schwartz
    4. Bradley A. Coxe
    5. Jeffrey Mark Adams
    6. ···
    6 lawyer answers

    In my opinion, you need to hire an attorney as soon as possible. If you were rear-ended, liability is probably not an issue. Therefore, you should be arguing only about what your damages are. Assuming that you have medical records and bills to back up your claims regarding injuries, I can't imagine a situation in which the insurance company's stance would be justified. Again, I strongly recommend you hire an attorney.

    3 lawyers agreed with this answer

  10. Whats does this statement mean, " If any issue for trial as stated in the order is not raised by the pleadings..."

    Answered almost 2 years ago.

    1. Harrison A. Lord
    1 lawyer answer

    This rule deals with pretrial conferences. If the court has a pretrial conference (it is not required) the court will finalize what issues it will deal with at the trial. In some instances, whether through discovery or otherwise, issues not raised by the pleadings (e.g., the complaint and the answer) will be appropriate to hear at trial. If the judge determines that this is the case, either party may ask that the pretrial order require the parties to amend their pleadings to set forth the...

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