Here is a English-language fotonovela (looks like a comic book) on harassing debt collections. Quick read (and share) for you. If you or someone is in need of assistance regarding unfair or harassing debt collection reach out to me or another experienced consumer lawyer in the area. Best wishes to you..
In 2017 I want to focus more of my practice on lemon law cases. “Lemon law” seems to be a generic term for the body of law relating to mechanic problems and defects relating to vehicles. However, in its strictest sense, the term “lemon law” only applies to brand new
vehicles. North Carolina, like other states, has a state lemon law statute and it can be a bit difficult to decipher and determine how to apply. An oversimplification of the North Carolina lemon law statute is that a new vehicle purchaser may be able to obtain either a refund or a replacement vehicle if the purchaser’s vehicle has been out of service for a certain amount of time OR with the dealer for a certain number of unsuccessful repair attempts for the same defect. There is documentation to be obtained/retained and notices required to be provided and negotiation will likely come into play. Possibly even arbitration.
All of this is too much to summarize here or to provide a “how to guide” for consumers. Trust me when I say that if you or someone you know is having a problem with a new vehicle it really does pay to consult with an experienced lemon law/consumer attorney. It is possible that you will not pay a fee unless and until your lemon claim is resolved. Thanks for a few moments of your time and I will await your call/email if the need should arise. And, as always, please do share this post with your family, friends, and social networks.
Good day. Most of us have to buy some product or good on time a/k/a making payments. Whether it be a home or a vehicle or some lesser expensive item, there are state and federal laws that govern the payment agreement from the origination of the loan until the loan is paid in full. Too few people read and meaningfully understand their loan agreements before signing them. Some of the more frustrating conversations I have with potential clients relate to loan agreements and consumer credit issues where something has been missed or some key deadline has lapsed.
The North Carolina Bar Association has free pamphlets on several legal matters including buying on time. Click here for the free PDF and share it with others. And if you or someone you know is having problems with their loan agreement please contact me or another experienced consumer law attorney for a consultation and potential help.
- Read this free brochure from the North Carolina Bar Association
- Read this brief article on things to do and things not to do
- Do NOT contact the at-fault party’s insurance company without first consulting a lawyer
- Consult a lawyer for a consultation to discuss the accident, your injuries and damages, and your best course of action (NOTE: I have been practicing law for over 20 years including personal injury and wrongful death cases)
Happy new year to you! This is the first time I have spoken to you since the calendar page turned to 2017. Here’s hoping this is a great
year of abundance and good things for you and yours.
One of the most common phone calls and email inquiries I receive is “my used vehicle is a problem…do I have a case?” Hmm…. Continue reading
Many people have received the notice or summons for jury service and read it with dread or discontent. Jury service is a civic duty which comes with a meager amount of pay and some degree of inconvenience—no real argument here. However, this is not all of the story. Think about the value of providing fellow citizens with an opportunity to have their disputes and their important legal matters heard by their peers and thereby avoiding some pretty draconian methods of dispute resolution that were used centuries ago.
Now consider some examples closer to home…what if you were seriously injured in a car accident and the at-fault party’s insurance
company wants to pay you a fraction of what you should really receive based on a very minor injury that is unrelated to your current inability to work and return to your normal activities? What if your home was condemned by the State for a superhighway and you disagreed with the monetary value they offered to pay for your property? What if a valued family member was wrongfully accused of embezzlement from work and faced a lengthy jail term unless he could prove his innocence to a jury? In all of these examples a jury is needed to hear the evidence, witnesses, and eventually determine the outcome. What if everyone who received a jury summons bailed out on you and yours when you needed them most?
Click here to read a brief brochure on jury service in North Carolina. And next time you or a family member receives a notice for jury service take it seriously and do your part so long as it does not cause you any major inconvenience. Yes, you will have the opportunity to seek to be excused from jury service but you have to follow the instructions on the notice. Best to you and here’s hoping you have the privilege of jury service some day.
Note I said “wrongfully” repossessed. If you are delinquent on payments or allow your insurance to lapse or otherwise violate your finance agreement or other contractual obligation I may be unable to assist you. The repossession would likely not be wrongful but you may be able to work out a deal to recover your vehicle.
I am instead talking about situations where the consumer’s vehicle is repossessed with no valid reason and/or in an unfair manner. Even if a creditor has the right to take your vehicle there are some rules of the road regarding retrieving the vehicle. The general rule is that the vehicle can be taken so long as there is no violence or breach of the peace; typically no prior notice is required before the vehicle is taken.
If you believe you have been the victim of a wrongful repossession please assemble as many of the following documents as you can and contact me for a consultation:
- Bill of Sale a/k/a Buyer’s Order
- Retail installment sales contract a/k/a finance contract
- Receipts or proof of all vehicle payments made by you
- Security agreement (typically gives seller and/or lender the right to repossess vehicle if breach of contract occurs)
- All certificates of repossession
- Correspondence or notices from seller or lender regarding potential deficiencies or breach of contract by you
- Documentation of seller or lender’s usage of a GPS tracking and/or shutdown device on the vehicle
Traffic tickets can be the worst. They come at the most inopportune times and can lead to angst over the choices for handling and consequences of handling. Doing it yourself can be disastrous on some occasions….do not let disaster happen to you. The goal is to resolve the ticket in a manner to keep you driving.
I have been practicing law for over 20 years and have significant experience in handling traffic citations in counties across North Carolina. I focus my traffic ticket/citation practice in Guilford, Forsyth, Randolph, Chatham, Alamance, and Rockingham Counties. In some cases I am able to handle the ticket without the person ever appearing in court. If you have received a ticket in any of these counties please contact me for a free consultation.
Most people are quite busy nowadays. The average non-lawyer lacks the time or interest or need to study the rules of civil procedure, evidence, court, etc. And television and movies will not provide a non-lawyer with the information needed to effectively handle one’s case.
Some cases are small enough in nature that the non-lawyer may be well-advised to handle these on his or her own. It saves on cost and can often lead to a somewhat more cost-effective result. But there are other times when the stakes are higher and doing it yourself can actually cost you.
If you have been served with a civil summons and complaint or are otherwise a party in a civil case you should take a moment to see if you need an attorney. Then if you need one contact one. And do not delay as time and money and valuable rights can be lost by waiting…..
Debt collection is a booming business. It is a legitimate business but some collectors cross the line. There are protections in place for consumers who owe debts and it is important each consumer be aware of these protections. Foul language? Threats of jail if you don’t pay up? Has your debt been shared with third parties without your consent? If you are being or have been harassed or
otherwise believe you have been treated unfairly by a debt collector you should consult an experienced attorney.
I have represented many consumers in their dealings with debt collectors. There are occasions where the debt is legitimate and the collector acted reasonably and legally. On these occasions the consumer’s best plan is to obtain the best possible resolution of the debt. But in the situations where a collector has violated the consumer’s rights the power often shifts to the consumer. I work to obtain a fair and favorable outcome for consumers who have been wronged by debt collectors. Sometimes that includes an erasure of the debt and the payment of compensation to the consumer along with payment of the consumer’s attorneys fees. If you have reason to believe a debt collector has violated your rights consult me today so we can assess your situation.