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Found 73 results

  1. I recently received a custody agreement from my ex's lawyer and need some help understanding what is meant by "That it is in the best interest of the minor child for her care, custody, and control to remain with the Defendant subject to reasonable rights of visitation with the Plaintiff as agreed upon by the parties." and "That the Defendant is hereby granted the care, custody, and control of the minor child, namely<my child's name and bday>, subject to reasonable rights of visitation by the Plaintiff as agreed upon by the parties." Does this mean that I get sole custody or something different? I do not speak legalese so it's very confusing to me.
  2. If I'm 14 and pregnant, could we get married without parental consent and just a court order or would we need both? Would we both be automatically emancipated?
  3. What resources would I use to find out if a small town attorney, hired for probate purposes, has a conflict of interest in the matter? Is it normal to have only one appraisal of real property before a private sale? My mother died intestate, and, with her credit card debt, the attorney must sell her home to pay the debt. Attorney had one appraisal from a local realtor and is recommending a less than half the value private sale. My brother, who lives in the rural area in which the property is located, is administrator, but he pretty much abandoned the place with no electricity or water. Is this proper behavior for an estate admin? I live across the country and would like to deal with this, but have limited financial resources. Am I making a mountain out of a molehill? Thank you.
  4. We are under contact to buy some land to build a house in NC. Our original closing date was oct. 8th but the VA had some issues getting the appraisal back in time so now its 11/9/15 and our closing date is Friday 11/13/15. When my agent contacted the sellers agent because the land still has 2 horses and 2 alpacas from a person who is leasing the land still on there. His response was "you should be happy the sellers waited this long for them to close" this whole time we have been stressing to him the animals needed to be moved so the builder can start right away. I am ready to walk away because I don't want to fight with the horse owner plus we are new to the area and these people have been there for years so we would be moving there under bad terms. Is there any way we can back out without loosing our $1k earnest money since they don't want to have the land cleared before closing?
  5. My daughter, age 8, vandalized a neighbor's car while playing outside. She painted mud hearts on her trunk, and in the process scratched the car. The scratches are not horrible, but they are visible when standing close to the trunk. She was disciplined and we went over to the neighbors to apologize. I agreed to pay for any damages. A few days later the neighbor contacts me and informs me that she went to her car's dealership and they told her it would be 1900.00 to repaint the trunk of her car. She also informed she needed it done in 30 days, she would not be going anywhere else, and she would not file a claim. I am attempting to do the right thing, however I am wondering is this the right process?
  6. A debt collection agency (Four Star Revenue Mgmt, LLC) contacted my daughter about a debt on a credit card she had before being laid off back in 2011. I negotiated a fee with them and paid it. They sent me a "paid in full" release and a authorization for payment release. This was May, 14, 2014. Few days ago, my daughter gets a call from a collection agency (Regional Mediation Bureau) that they had received to collect debt. Seems the first company (Four Star) was closed down this past January, 2015 as they were scamming and had not reported the debt being paid to credit bureau. Said if debt was not paid, then her accounts would be frozen and that a court order would be served if not paid within 24 hours. Said the paperwork I had was no good. Question: Since I have paperwork from first collector, can they really push the issue or should I let it go to court? Can they in fact freeze her accounts? Limitation period ends 2016.
  7. In april we purchased a new dodge avenger. Because of a defect in the car we had to replace it with another new dodge avenger under duress. The second car did not have all the features of the first. This would include u connect, security alarm and satellite radio. in addition it has an unknown toxen coming out of the vents. The dealer agreed to purchase the auto back. But refused to give us our down payment and any other monies put into the car. That leaves us with no car and out of $3500.00 The first financing contract was quickly taken from my hands. I have no copy of this. The second contract is the same as the first. The same earlier date of the first car is on the second car's contract. The only thing that was changed on the second contract was the vin number. It looks like I never purchased the first vehicle. Which the dealer denies we did. However, through witnesses and other paper work I can prove that I did purchase a different car on a different date that the second car. They typed it next to our signatures. Which shows we did not do that date. It was falsefied. I really need to know what laws were broken according to North carolina. Can anyone help me please Should I tell the bank about this? If I do, what financial oblications will fall on me? Is this a fabrication of a contract? Felony? How should this be handled legally?
  8. Under contract to sell my home in E. NC - closing in a month. I want to get out of the contract ASAP, as I don't have another home lined up, and need to do this without getting sued for $10,000 in realtor fees lost commissions. And, more importantly causing too much animosity towards me by realtor and hardships for buyers. I have found out I will be losing my home base in the uk and going through a likely divorce. Thank you
  9. I own a condo. It is managed by a property manager who has had it rented to the same person for 4 yrs. Recently, the tenant turned the kitchen sink on to do dishes, forgot and left for hours. He flooded my unit and did approximately $10,000 worth of damage to the unit below that I do NOT own. My tenant says he should not have to pay bc he doesn't have the money to. I only have basic insurance that covers the outside structure of the building. He let his renters insurance lapse. What can I do if anything?
  10. The board of directors for my community HOA are 2 managers who work for the builder for our community. Per our covenants and bylaws a business can be ran from my home but the board is saying no because 5 children or less is an annoyance and a nuisance and can possibly cause traffic. I tried to explain to them a lot of traffic won't be caused because some of the children will be neighbors and I doubt 5 children or less can cause that much noise and be annoying like they claim. Do I have any options here? Our covenants is below! file:///Users/NewUSer/Desktop/Screen%20Shot%202015-09-15%20at%2010.18.27%20AM.png
  11. Purchased a car from a major car dealership in Charlotte, NC. Got financing set up with finance company outside of ties to dealership. So the finance company is not owned by the dealership. Dealership messed up contract with finance company by attaching the wrong car to the contract. Told dearlership about this over a month ago. In the FC's eyes, they did not know about the other car, and as far as they were concerned, the contract they recognized was with the other car, not the one I had. Anyway, the FC paid the dearlership for the car. I was then contractually tied to the finance company. The FC got their money back from the dearlership because that was not the car they paid for. Now the dealership is trying to get me to sell my car back to them to "get a new" contract. As far as I am concerned, this is not my problem to fix and I am not obligated to do this. Am I wrong?
  12. If both mother and father work, and father has rent and utilities ect. and the mother lives rent free with no utilities to pay, and grandparents have clothed, shoed, ect. since their divorce what would the court see as an appropriate amount of child support for 3 children from the father?
  13. My mother is an Alzheimer's patient. She has been living alone in her townhouse until the last year. After I hired daytime caregivers to cook and help her with daily duties, she fired them and told them to leave. This is after the caregivers would not let her go walking down the street to see her house and flowers down the road..which does not exist and is a busy traffic street. Now, as we prepare to visit assisted living places, she reports that she will run away if we take her there. She has taken clothes and left them under trees, calls several times a day to ask for someone to come get her and take her home. With the cameras we have in place, we can see that she is home. Most days she calls to ask if we know where she is. Not sure footed, She has fallen several times and refuses to use her walker or walking cane. She takes BP meds and vitamins daily, but will skip or take too much if not watched closely. Her elder care physician wants her in a memory unit. Can her children be charged with neglect if she gets hurt or worse by not going?
  14. So, my husband and I are getting ready to open a business. We were wondering what difference punctuation can make. For example, if we want the name to be Legal-Stuff, can we also operate under LegalStuff (minus the dash from before) without having to file a separate DBA form? Or should we simply file both names to protect ourselves? Thanks for any thoughts!
  15. My mother died over four years ago and her estate is still not settled. My brother is executor. The estate contained several rental properties, but that's about it. There are no family disagreements as to the property distribution; in fact, all of the rental properties have been put into an LLC. I do not understand why the estate has not been settled by my brother and the attorney. Can my other brother and I get into trouble because the probate has dragged on over four years? What would happen if the executor (who is 71) dies? Is there a tactful way that I can approach the executor? I don't want to cause family trouble.
  16. Could someone please tell me when I am able to file for a expungement in the state of North Carolina, for a non violent misdeameanor? On some websites it states that someone can apply for the expungement after 15 years has passed from the conviction date, and on others it says 15 years from conviction date or completion of jail time/ probation time. I was convicted back in August of 2000, and this August will be 15 years, but part of my sentencing was probation for a year. So will I be able to start filing for the expungement this August, or do I have to wait till August of 2016 before I can start to file? Thanks! Kat
  17. I was recently hired by a staffing agency, i interviewed with a potential employer and was told "we are gonna bring you on board, and make you an offer on this day, and get you started on the paperwork" "average we would start you at such and such amount but it may be more because of your experience but we definitely want to bring you in", I call on the day specified and no answer from the company, i call the staffing agency trying to reach the employee who set this up, no answer. Days go by and no answer. Then Instead of them calling me, the staff agency sends me an e-mail that they decided to go with someone else. Now i cant take back my two week notice for the position at my previous job was filled and my job said just to apply for something else but i would have to start the process over again...meaning there is a chance i will now be unemployed. *disclaimer* I am not asking for legal advice, i just want to know if this is legal?
  18. Hey Guys, so I'm doing this because I love my brother dearly and I want to get to the bottom of this and help out where I can. He was (previously) married to a woman in north caroline where she still resides. She has like 6 kids. He left her in February and she had her baby in May of the following year. She claims that when he left her in February she was 17 weeks pregnant...well my first thought was....if she was 17 weeks pregnant in February, and had her child in May the next year.... that would mean she was pregnant for about 14 months....yah right. uhh no. so since obviously this is a false accusation. Now she is claiming that in the state of North Carolina if you are married to a woman and she has a child during you marriage that whether you divorce her or not that makes you the legal father because the child was born during the time of the marriage (btw she cheated...ALOT, during their marriage)... so I guess my question is.... IF YOU HAVE A CHILD DURING YOU MARRIAGE BUT ARE NOT THE "BIOLOGICAL" FATHER WOULD YOU STILL BE LEGALLY RESPONSIBLE EVEN AFTER THE DIVORCE FOR THAT CHILD?? please someone help. I know some states are weird and I just need to know
  19. So my ex came into to some money recently, a significant amount I believe. What can I do to legally reduce the amount of alimony I am paying each month? We live in North Carolina. Thanks
  20. I was living with a roommate who signed the lease with the a property. I sublet the room, but did not sign anything with the property management company. Our agreement was written by my roommate. She advertised that the person renting should be working, I got laid off and she was not happy about me living there unemployed. All of my payments where made on time and in full, no terms were violated. She sent me messages stating that I was evicted and that she refused to go through the proper process of eviction. What law states that I do not need to pay the re-rent levy fee after eviction? I want to send her this information in order to stop her from harassing me about this fee.
  21. I have full custody of my children by court order. My children's father has visitation every other weekend from Friday at 6pm till Sunday at 6pm. He has a job that requires him to work six 12 hr shifts 2 to 3 times per yr. Historically the children have stayed with me during the visitation he couldn't exercise due to his job. He now has a girlfriend that he met and moved in with during only a 3 month period. He is insisting that his visitation time is his time whether or not he can be with the children. He wants to still get the kids every other weekend and have his girlfriend, her father and her 16 yr old daughter take turns watching them while he works. I am very opposed to this and feel the children should stay with me while he is working. I'm willing to let him see them a couple of hours while he is not working such as after school. Is there a law that would back me up? I feel my children should be with me when he is not available and his girlfriend and her family should not have any rights when he is not available.
  22. childs joint legal parent provides very limited and last second information regarding moving child to live with partner. upon request there has been no information other than name and address provided regarding partner and teenage son living at new address. parent moving child to cohabitate with partner refuses to acknowledge my concerns or consider my views/opinions regarding affect on childs mental health and moral upbringing. any possible resolution? moving parent continues to file for medical social services without my knowledge until service is approved. child already has medical ins. and bills are split. filing parent can only claim child as dependent every odd year and has job and now cohabitates. parent will not provide me with their income and hasn't asked for mine. child would not qualify for services if both incomes/assets were listed on application for services. possible attempted fraud? will social services come after me for money if parent signs child up for services? inappropriate behavior by parent? I want full custody with visits to parent every other weekend but parent refuses. what can I do other than pay atty. for just a slim chance at bringing child back into a stable home?
  23. Hello I have previously moved here from Fort Lauderdale, FL to North Carolina back on may 1 2013. My son goes to school and my little one stays with grandma when I am working. I had to move out of the state because of an issue with me and my husband. The father has sent a handful of support money and presents on christmas. He has decided that in Feb or Mar of 2015 the children should move back to florida with him permanently and that I can do nothing about it seeing that they were born in florida. I What are my rights as a married women with 2 kids and this relocation issue. Can he do this which I am thinking yes because we are married. I wanted to file for divorce because I feel that if he has them down there he is going to fight to keep them there. What are my rights as a mother do I have if have not filed for divorce and what is my rights if I do? I wanted to file for divorce and get shared custody. Is there a such thing as married couple filing for custody?
  24. north carolina ok today i received a court summons from a guy i delivered a car to on the behalf of a friends dealership that was sold on 12/14/14 the summons states that the car was sold to him with issues. but he test drove the car before the purchase and signed a bill of sale and a as-is form with all the dealership info on it and a paper saying i was an employee of the seller delivering the car not the seller or owner but the summons has only my name on it. does he have a case being he sign a as-is form and by me not being the owner of the dealership how can he summons me and sue me for the money is that possible?
  25. I live in North Carolina and I am wwondering if my daughter is legally emancipated at the age of 16? And also my rights to my children that don't live with me right now but I have not lost my parental rights to either.
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