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Found 94 results

  1. I am wondering if anyone could help me down the right path. My situation is the following: I have primary legal and physical custody of my daughter, who has been a NC resident since Dec 2013. My mother has visitation of her. Quite extensive visitations. My mother resides in Perry County, Pennsylvania. I am the spouse of an Active Duty Service Member on OVERSEAS orders. Nowhere in the custody documentation is relocation mentioned. However, I was going to do the right thing and inform her as this would affect her visitation schedule. Custody and visitation orders were written in Perry County, Pennsylvania. My daughter, 13 y/o, has asked me not to inform her grandmother until the absolute last minute because she fears repercussions on a situation she has no control over. My daughter is beyond excited to finally see the world and experience the whole "military brat" aspect of her life. (We've been more than accommodating in trying to stateside and close by.) My questions are as follows: If my mother objects to this relocation, does she have to go through PA or NC? Will a judge force me to stay behind in the states while my husband moves overseas? Is a simple notarized letter sufficient for notification? Any help or guidance would be GREATLY appreciated. Thank you and God bless!
  2. I don't know what option I should choose? My first cousin had a baby who was placed with me at 3 days old (she is now 11 months) and court is scheduled for Monday September 11,2017. DSS plans on giving me guardianship that day because I told them that is what I wanted being the mother is a relative I don't plan on keeping the fact I'm not her biological mother from her to prevent any heartbreak if it were to come out and I had kept it from her. My problem is I am concerned if guardianship is the right thing or if adoption would be better I have never been through this process and would like the input of anyone who has or knows more about it before Monday comes and goes. I know some responses may be ask your social worker but I don't have 100% faith in them and believe they may try to push me towards an option that is best for their job and not the baby and I. Please Help!!!
  3. I live in NC and have a tenant that is very particular about a lot of things records every detail of everything that happens and keeps very detailed records. The tenant tends to run off other good tenants, and maintenance people because the tenant is hard to deal with and complains about a lot of things often. It is very frustrating as a landlord. The tenant does everything by the book and I feel like I am being played. She has asked repeatedly to renew the lease under the same conditions. I am very good to my tenants, respectful, make quick repairs, and maintain the property as best as I can even though it is an older property. Question is: The lease expired last month after a year and I need to make repairs on the unit. Can I just give a 30 day notice to terminate the lease even though the lease expired a month ago or can I terminate the lease at anytime as long as it's before the 1st of the month and a full 30 days; what are my options?
  4. I recently had plumbing work done and when I received the bill for service, in my opinion I feel that I was overcharged for hours it took to complete the job. The workers came at 8:30, left for lunch at 12. Came back at 1 and finished at 4. I called the plumber to discuss the supposed error in hours(7.5) and I felt it should have been 6.5. He said that I was being charged for the 30 minutes prior to getting to my home so workers could load the truck and the hour they took for lunch. Is it legal to charge someone for services not provided before they actually work at your home and can one be charged for the lunch hour taken by workers? Thanks
  5. I had to get out of my recent lease and break the contract. The one problem I'm having is that I never once received a statement to what I owe and asked numerous times for the last three months to send it to my new physical address. I never received it, but recently had a phone call from collections on it. I broke the lease because my mother has seizures and asthma and almost fell from the third floor to the second floor after the fact I asked them to move me numerous times and the main office to the apartment complex simply ignored me. Due to the medical issues with my mother I had no choice but to leave. I gave them a 30 day notice I was moving out of the apartment. They still never responded to me with anything. Is there anyway I can get out of paying partial of this contract due to the fact it was medically related to my mothers health which she also happens to be on the lease as well. Also, the people below me were smoking weed and I'm allergic to it. I was having a hard time breathing and the apartment complex didn't want to do anything about it. They made it a issue for me to call the cops when it happens. Understandable but they not the ones who have to live around those people. It was me and my disabled mother. I need any advice on this would help and if state forms need to be filled out and signed by a medical doctor. Which ones apply? Are should I get a lawyer for the matter? Appreciate any of your information on this. Thank you in advance!
  6. What is the legal definition of gross negligence in personal injury cases?
  7. Our employer docked pay from salary pay without any notice, is that legal? What do I do if it is not legal? Also, he failed to mail checks and paystubs by the payday. He did not mail them til 4 days after we would have normally received our pay. Since we have since moved we could not go to the business to claim our checks. Is there anything we can do about it?
  8. The property where I live is in my mothers name, and she lives in another town with her husband. I have lived here rent free (at her request) for 10 years. I am 43 and disabled and recieve small disability check. The utilities are in my name and I pay all other bills also. Just no rent. So am I considered a tenant? And do I have any rights as to protection from unfair and false attempts to make me move out?
  9. What if a person is arrested with a certain amount of marijuana but they're charged with more than they actually had?
  10. If a developer purchases an established community from a foreclosure bank and the community is still abiding to the original HOA and CC&R is the developer accountable to these same CC&R's on his end?
  11. I was recently awarded a vehicle that I have a mechanics lien against from an insolvent estate. I had to go through the entire process including filing a claim, filing for a hearing, hiring an attorney, etc. The car that I was awarded as payment for services rendered has a lien by a large bank. Since the bank never filed any claim against the estate for the lien does that still allow them to demand payment of the amount owed before I can obtain the title? If so what suggestions might someone have concerning on what to do next?
  12. I work from home as a Customer Service Representative for a well known company. I have a Company issued laptop and connect remotely to the companies VPN. I know that the phone calls between my Customers and I are monitored and recorded for "training purposes" but my question is can the company legally listen to/record me/my personal conversations through the laptops microphone/webcam as well? For instance if I'm NOT talking to a Customer using the softphone that is also provided by the employer, can the employer legally listen to my personal conversations with Family and Friends through the microphone/webcam on the laptop? I work a normal 10-12 hour schedule and get paid by the hour but I do have some down time in between calls and therefore am able to hold conversations with Family/Friends that are present in my home while waiting for the next call to come in. Thank you!
  13. Hi guys, My questions are about an easement to a house I purchased in North Carolina in July 2016. I am the serviant/burdened estate in the easement. First, the following are quotes taken verbatim from the easement document that provide background for my questions: "non-exclusive, perpetual easement for purposes of ingress and easement." Further quoting from the easement document: "[Original Owner/Serviant Estate], heirs and assigns, shall retain absolute ownership of said property and shall enjoy all rights of ownership." "[Dominant Estate Owner], heirs and assigns, to the extent possible, shall refrain from damaging or injuring the above described property." "...easement is appurtenant to and runs with the lands..." - i.e. this is an appurtenant easement and transfers with the sale of land. Based on the non-exclusive, perpetual and appurtenant language in the easement, I concluded this is an iron-clad agreement. However, I also researched online that if an easement is causing an undue burden on the serviant estate, it may be dissolved. Below are the details of my specific case which I hope make this an undue burden and some other interesting factors that I have not been able to find an answer to online: My property (serviant estate) has a fence, greenhouse, bushes, and trees all along the easement, which runs on the entire right-side of my house, from the street to the end of my fenced in yard. The fence, greenhouse, bushes and trees in the easement have all been there before I purchased the house in July: the greenhouse is inside the fence and was built 8 years ago; the fence has been there for about 15 years; the trees and bushes were there since before the beginning of the easement, signed on April 15th, 1998. The dominant estate is a landlocked house and the easement grants access to the road. Due to the trees, bushes, fence and greenhouse, only walking access is an option, as there is not enough space for a car. The easement is NOT an easement of necessity for the dominant estate, nor is it an easement of convenience: the most convenient path from the landlocked house to the street is through my neighbor's property - my neighbor has a driveway on the side of his house that borders my property/easement and goes from the road straight back to the landlocked house. In sum, the landlocked house is directly behind my neighbor's house but has an easement with me instead, which is not logical. My neighbor's driveway is the most direct route to the road, but my neighbor refuses to let the lady living in the landlocked house access his property because he is worried that doing so would create an implied easement between him and the landlocked house. When I purchased my house, the seller and my closing attorney both said in separate conversations with me that the easement will not be an issue, as it has not been enforced in years and the seller had no issues whatsoever. Since then, I have found out that the seller lied and was asked by the landlocked house lady (dominant estate) to take down the fence at time of purchase 8 years ago, but never complied. What makes this really interesting is that the closing attorney the seller used at time of purchase was the SAME closing attorney I used in July! I chose to overlook the easement at time of purchase because of the conversations with my attorney and the seller. Since my purchase, the landlocked lady has gotten an attorney to send a request letter to take down the obstructions. Also, my neighbor (owner of property with the driveway that has the most direct path from road to the landlocked house) is an elderly man who is cared for by two renters. The renters, upon finding out about the easement, freaked out that the lady in the landlocked house would walk on my neighbor's property, creating an implied easement, so they started cutting my bushes on the easement, which is illegal because it is my property. I had to call the police, and while the officer agreed with me and told the renters to stop immediately, there was still considerable damage done to the bushes. I have two dogs and they now constantly bark at my neighbors when they are in the yard because most of the bushes are gone and the fence is chain link, so it doesn't give a lot of privacy. I want to terminate the easement so that I can plant a row of tall bushes outside my fence (but still inside my property) and get my privacy back. I feel like a large part of my property cannot be used for anything - I want to update the fence as it needs repairs, build out the greenhouse, add bushes on the side, but nothing can be done with peace of mind given the easement. It would be a material depreciation of the value of the house and enjoyment of my yard/property if I was forced to take down my bushes/trees, fence and greenhouse. It is already a major burden to not feel like I can do anything to the entire right side of my property. Is this a reasonable argument for undue burden, especially given that the easement is not necessary and there is a much more convenient direct path to the road for the landlocked house to go through (my neighbor's property)? Also, is the fact that the fence was built 15+ years prior to my purchase and has not been officially protested in court another argument for undue burden - i.e., I purchased my house under the assumption that these features are mine and there to stay, and the price and appraisal value of the house reflects that. Additionally, the landlocked house (dominant estate) burned down in 2003. I was told by a neighbor that it was allowed to be rebuilt only because the foundation was intact and was used to rebuild the house on. Was this legal and does this have an impact on the easement? I cannot find an answer to this anywhere. To make matters even more interesting, the dominant/landlocked estate has a deck that also encroaches on the easement. Do I have the right to say that the deck should come down since it is on my property and the easement is purely for ingress and egress? While I have no intention of doing this, if I am further pressured to take down my fence I would like to understand if this is a valid recourse. Lastly, what would the ramifications be if I were to plant tall bushes outside of my fence without first dissolving the easement? Understanding that the dominant estate can sue me to take them down, the dominant estate is nonetheless not allowed to physically take anything down on my property since the materials belong to me, correct? Thank you in advance for your help and guidance! I would really appreciate any suggested next steps from the pros
  14. In North Carolina, it is a requirement that the divorcing parties remain separated one year prior to the divorce becoming final. Is there a way around this requirement? Meaning, if both parties sign an affidavit stating that they have lived apart for a year, will that affidavit suffice for the Court?
  15. I am starting an online personal training business and have a few questions about liability. In my past personal training positions, we have had every client fill out a liability waiver. I understand that this is to protect the trainer but that we are not protected if our client is injured because we are negligent. I would of course like to have a liability waiver, even if I am just providing them their training programs online, so that they understand the risks of any workout program. If you could help me answer the following questions, that would be greatly appreciated! Do I need a lawyer to look over and approve a liability waiver in order for it to be valid? Do I need to have liability insurance as well? How does the online aspects of training change things - if I am not physically there to correct form/add weight/spot, am I more or less responsible if they get injured? Thank you!
  16. I have been falsely accused by my child, 12 yrs. old, and the family law judge gave custody to my spouse with only 10 hrs/month of supervised visitation for me, even though I had 50/50 joint custody time and decision making, and took my dog away and gave it to my child. In addition I was required to give up personal possesions, pay for costs and more. The judge did everything they could do to me. I have not been charged criminally and it has been 7 months since my ex took my child to press charges against me. I add that this was the only incident of accused abuse and that my ex had tried 3 yrs. previously to gain custody through their lawyer. I was restraining my abusive child that intended to cause me bodily harm through hitting(20+ times), kicking, and trying to headbutt and bite me because I took away video games since I told the child it was time to go to bed, approx. 10 pm,, and the child refused. What my child did was then accuse me of strangling and all or any proof was just hearsay since the child wasn't in attendance at the hearing. Basically it was my childs word against mine since we were the only two in the house. Recently I have observed that my child has changed the details of what occured in my favor. I also know that my ex has put my child on medication for a mental condition that doesn't exist and had done the same 3 yrs. earlier when they, my ex, broke our parenting agreement while they tried to gain full custody. What I would like to know is what happens from here regarding the courts(NC) since my ex only has a temporary order. Is this order limited in time and if it is then what occurs after this time limit? I want to know how I can get more "supervised" time which I have requested and been denied by my ex, I don't want unsupervised time because all my child has to do is accuse me again. I would like to know if my ex has the right to give my child medication without my consent. I want to know I how to proceed regarding alienation of affection. I do have legal representation at this time but I am looking for a second opinion. Thank you for your input.
  17. I gave my stepmom lifetime right to live in home under certain circumstances. She was not to have a specific person on property whatsoever. She sign a paper and we had it notozied, Can I have her evicted
  18. My mother died intestate a year ago. She lived in North Carolina. The Clerk of Courts in her county tells me that the only way to get Letters of Administration/Testamentary to begin the probate process is to apply jointly with my sister, the other heir. We are the only two children, and she divorced from our father years ago, did not remarry, and he passed away a few years back. My sister refuses to apply, and has done everything she can to prevent us from moving forward. My mother has a retirement account that goes to her estate, a home that is not paid for that is now headed into foreclosure, and two vehicles, one vehicle had been paid off before her death and the other was cleared by her life insurance. What can I do to begin the probate process and get the estate settled, house, vehicles and funds in accounts, and creditors handled if my sister will not apply for the administration and/or testamentary? Are there any deadlines? What will happen to all of my mother's assets? I thought about trying to file a Motion for Court Ordered Mediation, or Motion to Dispense with Mediation, but the Clerk of Courts in the county that she lived in says that the Clerk will not accept any motion with out an attorney. However, according to the form, which is available on the http://www.nccourts.org website, there is no requirement for an attorney to file this form. I am spinning my wheels, and I am afraid that there may be some deadline that I'm not aware of, and we'll lose everything. Please help!
  19. Ok so ive been with my GF about 2 and a half years now when we 1st got together she had a Son who was almost 1 at the time.Said child is now 3.Since the Child was born the dad took off to georgia knowing she was pregnant with his child.The guys dad is litteraly our next door neighbor so he can't act like he didn't know he had a son..So No contact from him for 3 years at all he don't even know this kids Middle Name..Ive been the Sole Provider for all 4 of us for 2 years now never once heard from Said Father.So 0 Contact in 3 years he knows our number he could of tryed at anytime never cared too.So about 3 or 4 months ago My kids and her are on Medicaid so the state picked up the case and basically forced us to take out child support on him.Keep in mind he not on the birth certificate either.So he gets the letter in the mail saying they takeing him to court for child support he decides to give us a call after 3 Years! Mad about child support and scared of going to jail.So he starts threats saying if he has to pay child support he will fight us in court and fight for custody of a kid he never seen or cared for...Then about 2 weeks ago they finnaly go to court over it and he agrees to pay child support they offer him a hearing he deny it..Calls us after court says aslong as we send all his money back to him assoon as we get it he won't fight us in court as long as he gets his childsupport back every month..How should we go about this? Should we give him his money back every month to not have to deal with it? Or are we just feeding him more money to fight us in court?? i need advise bad cause this 3 year old boy has no idea who this guy is and he extremely shy.He won't react good to being with this guy who has made it clear as day he don't care about nothing but money..We tryed to terminate his rights he agreed to it they wouldnt let us do it! Need advise please!
  20. How do I find appeals cases concerning unjust enrichment concerning property transfer between private individuals? For Pro Se litigation.
  21. Trying to Lease an apartment after having a Domestic Assault Charge Dismissed in Court - it was a deferred judgement and I was on probation - but had to complete all the "steps" to have the charge dismissed. Finding that Apartment complexes us that charge to deny a Lease/Rental Application . . . . seems like discrimination . . . . anyone have any ideas? Legal Grounds to Stand on???
  22. Hi, Everyone so I've recently was granted Joint Custody (2-2-3) and my son is two years old I was seeking advice on what I should do to get my son back in my care, stabled home. I know the judge sees it as whats in the child's best interest but my son is not taking this to well going back and fourth, house to house. I don't want my son growing up confused because each household is teaching differently. I'm a single mother with a six year old as well, my son father stays with his parents and I'm pretty sure his parents is doing all the work instead of him but the court see it as it takes a village to raise a family. I just need my son stabled Monday-Friday. I have no problem with him seeing his child but stability needs to come in place. I'm praying someone would be able to give me advice.
  23. I signed a lease with 2 other roommates. I had a medical issue and spent time in a hospital and had to move out of my apartment back into my parents house. My 2 roommates are telling me I have to find a replacement but they are turning down everyone I send to them. Am I still responsible for my lease even though they are refusing to accept the tenants I have sent them to take my place?
  24. I was in the hospital last week having an outpatient procedure. While awaiting my turn for the procedure a friend who accompanied me joined me in the waiting area to keep me company. While we were waiting a doctor came out and identified herself as an assistant to my physician and began verbally reviewing my medical history. I was appalled and outraged and much of the information that she disclosed was unknown to my friend. What rights do I have in recovery for this violation?
  25. January 23, 2017, I was sideswiped by an older woman when she was changing lanes into a temporary middle left turn lane. She says she "underjudged" how much space she had. Truth is, she hit me and left. (or appeared to be leaving.) I was stopped in traffic at the time. I followed her quite a ways (long temporary lane) till she finally turned off the major road, onto her own road and stopped. I include this detail as this is the reason I called the police before even getting out of the car. She never exited her vehicle even when the police arrived about 30 minutes later. I, in fact, took pictures of her damage and showed her on my phone (and my damage as well.) She also didn't seem interested in my license, insurance etc so I photographed all of it and emailed it to her. It was just a very weird thing. She. offered to write me a check for $1,000 if I did not call the police or go thru her insurance. I told her they had already been called. She was 77. Neither of us seemed injured, the police report states the accident was her fault and she admitted that to me and the cop after trying to find a way to blame me. I just kept saying "I was stopped." the cop could tell what happened. And drew the diagram perfectly. There is no question of liability. The next day, I was in pain. I went to the ER and was treated for neck and back pain. Was given a pain injection, and scripts for muscle relaxers and anti-inflammatory (toridol. I am allergic to all narcotics.) I started seeing my Chiropractor and now it's about 4 weeks later and I am still in pain. Esp my neck. I am having headaches and I never get headaches. The ER is billing me $1400 and wants to use my $2,000 med pay. My Chiropractor wants to use my med pay. And I am in pain. I called my own neurologist and she told me I have to pay out of pocket to see her as they do not bill car insurance claims. I told her she could bill my Medicare (i am disabled) and they would pay and put a lien against her insurance company/my settlement. She said that wasn't true. Anyway, I can't afford to pay for medical care and get reimbursed later. What if this was a serious spinal injury? People can't be expected to pay all their own medical bills and get reimbursed. I got a letter from a law group with the "i see you were in an accident" ambulance chaser line but they had a Q&A section that told me I was correct in the lien stuff etc. Today when I found out my own doctor won't see me unless I pay up front, I called that law firm. They were very helpful on the phone. We talked for quite a while, she pulled up my police report, etc. She said they work with doctors who will treat people and agree to get paid later. I told her I didn't want to see a doctor who would be trying to make things seem worse than they were etc. and just wanted a good doctor. (We all have seen/heard of prostitute doctors who work for insurance companies.) Someone is coming over tomorrow. I assume to have me to sign papers. So, I hate lawyers. I hate legal battles. I hate the stress of all of it. But I also need to get some care. I am scheduled for unrelated shoulder surgery next month and can't get into a 2 month arm sling around my neck situation with a neck injury. I am feeling forced to hire an attorney and I hate that. I can't find anything bad (or much of anything at all!) about this law group. And don't want to sign papers with a group who could screw me over like stories I have read here. But I also feel pretty over it and need to get a doctor to see me rather than just returning to the er. (I have disk issues in my lower back and am afraid of course with my neck.) So what's my question. Do most people HAVE to hire an attorney? How do I make sure I am hiring a good one. Is the letter I got from this legal group a sign they might not be the best? (ambulance chasers getting police reports. I also have gotten letters from Chiropractors who also apparently get police reports.) They have offices in 12 cities in North Carolina and were nice on the phone but... Ugh, I hate lawyers. I have worked with unethical lawyers before. Man, I was just sitting in traffic! I know, that's why they call it an accident. I already have a check to get my car repaired. There is no doubt as to liability. My own insurance man said if I use MY med pay my own insurance can go up. (I. Have no accidents and great rates.) The lawyer said not to let anyone use it although their Q&A says to use it. It's all so confusing to know what to do. And I am in pain and really, don't have the umph to call tons of lawyers and figure out who is good etc. I can't just pay out of pocket. MRI probably etc. I don't want to be trying to figure out who needs to be paid back for what and what liens and etc. Do most people feel forced to hire a lawyer? I just want to be out of pain and be done. It was just a small fender bender. Sorry if I sound whiney, I think I need some advice? Many of you seem to really know what you are talking about. Thoughts? The attorney must think the case is worth something for them to even be interested right? Damage to my car: $1250. (2009 Nissan Cube.) Not that it matters now, but it took her insurance company two days to talk to her. Their adjuster told me she was not returning their phone calls and she never reported the accident to them. Something was hinky. I wish now I had asked them to test her for alcohol. She never ever stepped out of the car. I guess why she hit me doesn't matter except maybe she should not be on the road anymore. Sorry this got long. I tried to edit but it just gets longer. 😁 It's late, I hurt and the lawyer will be here in 12 hours. Thoughts? Advice? Thanks. Be.