When I was 18 I was caught up in the wrong place at the wrong time and my bond was set so high I could not make bail. The DA gave me a plea bargin. Leaving me with a felony (class H) and a misdomenor on my record. Their was no evidence on me at al...
Sorry. Felony convictions cannot be expunged in North Carolina.See question
The homeowners association was going to fine us if we didn't pressure wash our house
The answer to your question will generally depend on the language and restrictions of the restrictive covenants on your property and the authority and powers granted to the homeowners association. These vary from neighborhood to neighborhood. Without knowing more, it is possible that they have the authority to fine you under some circumstances.See question
I have tried to contact him on several occasions in regards to this. I live in NY and he resides in Raleigh, NC. I have his address and phone number but I'm not sure how to file a suit pro se. I am aware that it can take a year or more before my c...
The short answer is that you need to file a summons and complaint in District Court. Of course, the form of the complaint, the elements to allege, the discovery process that will follow, etc. can be difficult to navigate. Add in that you will have to do this from New York, and you would likely find hiring an attorney to be well worth the investment.
The clerk's office my have some helpful advice if you do insist on going it alone. Good Luck.See question
We paid him over 2000 for a computer he was to order (we had previously done the same thing for a new server) He kept saying it was damaged or delayed but we found out today he never ordered it and doesn't have a plan to give us back our money, wh...
The fact that he lied about the status of the order suggests he may have intentionally taken your money for his own purposes, and that would constitute a theft, or more likely "Obtaining Property by False Pretenses". You should report the matter to law enforcement. They may very well decline to prosecute, but you will still have civil recourse for breach of contract.See question
I was arrested on a outstanding warrant for a wothless check from back in the year. When I wa taken in I wasn't advised of my maranda rights. What can I expect to happen? What are my rights in this case?
As long as the State doesn't seek to introduce any of the statements you made while in custody, the lack of Miranda rights is irrelevant. The charge of worthless check in North Carolina is a fraud case based on a person writing and delivering a check with fraudulent intent that they know at the time they write it has insufficient funds to cover the amount drawn. MOST cases prosecuted in NC under this statute have ZERO evidence of fraudulent intent and are simply a way for the business to recover what is actually a civil debt without having to hire a lawyer or pay a small claims filing fee.
Ideally, you could bring the amount owed on the check (plus whatever finance charges or processing fees have accrued) and offer to pay that amount to the victim in exchange for a dismissal of the charges. If the DA will not agree to this, consider asking for court appointed counsel and having the attorney seek the same arrangement. If the DA can prove their case, you are most likely looking at being placed on probation and being ordered to pay back the money (unless you have a horrible criminal record or a really angry judge).See question
An installation was made for dish network and we were dissatisfied with the service. We cancelled the second day of the contract and the representative stated I was within the 3 day grace period. I am now receiving calls from 3rd party credit ag...
There is no grace period implied in North Carolina law across the board on contracts, but it may have been a standard feature in the Dish Network contract that you retained the right to cancel without penalty within a certain time period.
You should demand of the third party collection agent that they provide verification of the debt and copy of the contract. Request a copy of the contract from Dish Network as well. Even better, if you can get Dish Network to acknowledge in writing that you canceled within the contract's grace period and are not liable, you should be able to forward a copy to the collectors. You may even be able to get Dish to call them off for you.
If not, don't give in. Demand that they provide copies for you of the documentation that you agreed to this contract, the terms of the agreement, and any other evidence pertaining to the breach and the claimed debt. This is evidence they would have to produce if they wanted to successfully sue you for the debt. If they can't produce it, they're not likely to be very successful suing you. Many collectors don't care about having a provable claim, but simply want to harass and bully you into paying. If you don't owe, you shouldn't pay. If they do sue you, consider hiring an attorney.
Good luck.See question
I had an employee, nurse aid (age 25), for about 2 years in the medical profession.She signed a form saying she would give 2 weeks notice before she quit. Unfortunately she did not do so, and quit on Tuesday, without notice or phone call. We fou...
You are right not to release the paycheck without written consent from your former employee and a photo ID from the recipient.
Disgruntled employees like to sue, or threaten to sue, or file for unemployment, and there is nothing you can do but be calm and rational and professional to avoid it. Whether she is successful suing you or filing for unemployment is another matter. Based on your statement, it does not sound like she has any grounds, but it is hard to say without know the full circumstances or her side of the story (e.g. Is she claiming discrimination or constructive termination?)
Certainly, if she files suit or you get contacted by her attorney, you need to contact an attorney immediately. Until then, be professional and calm and she will likely go away.See question
I went through a license ck. in another county.Was let out on my own recognence I went to 1st court appearance,was laid over. 2nd court date,my ride did not show .I called a lawyer that I knew in W.S.to go over and explain,but judge had already is...
There is no Statute of Limitations issue here.
In NC, generally, a warrant is recalled after 120 days and returned to the issuing Clerk of Court (otherwise officers would have to ride around with filing cabinets full of warrants). This doesn't make the case go away, it just means no one is actively looking for you.
You need to appear in Forsyth County (ideally with a local attorney) and try to get it resolved. They are not likely to have the evidence necessary to prosecute you (no officer, or no officer that remembers a 15 year old DWI), so an attorney may be able to get it dismissed.
If you don't resolve it, it will continue to hang over your head, prevent you from getting a license, and as the NC Courts continue to improve the technology associated with their databases you run the risk of being arrested on that old case any time you run into an officer.
Good luck.See question
I have a former employer with a person vandetta. How should I approach a lawyer to file a lawsuit?I also need to use phone records as evidence. What should I tell the lawyer.
Contact a local attorney well-versed in Employment law. Set up a consultation in person or by phone and explain your situation. If you have a case based on what you tell them, the attorney will know how to go about obtaining the evidence you need to prove your case, whether it is by subpoena or some other discovery process.
On the other hand, if you don't have a legally recognizable claim even if everything you say can be proved, they'll let you know that and you can avoid spinning your wheels.
Good luck!See question
Credit card in individual name
Ms. Ware is correct.
You are not liable in NC for a debt that you have not assumed, simply because it was in your deceased spouse's name. On the other hand, your spouse's estate IS responsible for satisfying the debts of the estate before passing on any inheritance. If that did not happen, they may be able to sue the estate or the heirs. If the estate is exhausted satisfying debts, however, they cannot come after you individually and succeed. (The fact that they cannot do it successfully doesn't mean they won't attempt to bully you into paying. Stand your ground and hire an attorney if necessary.)See question