A selection of frequently asked questions that may be of help.
For DWI questions there is a separate page.
We are in the South Forest shopping center. Check out contact page for the address and map.
No. See my page on Legal Zoom. I am cheaper, faster and more tailored to the North Carolina market. We offer full service products, such as Wills and Divorces, which are cheaper than the Legal Zoom forms. And we offer do-it-yourself forms which cost less than half the Legal Zoom price.
1. Visit our traffic pages here. Also see this summary.
See this link for insurance information.
See our bankruptcy page.
Filing for bankruptcy "stops" creditor collections immediately. Foreclosures, repossessions and other collection activities must stop immediately and the creditor must leave you alone and deal only through your attorney. Usually the debtor is allowed a "fresh start" and allowed to keep certain assets protected by the Court exempt from creditors. Chapter 7 discharges most debts and the debtor is allowed to keep exempt property. Chapter 13 cases allows for individuals to reorganize their debts and make payments within a bankruptcy "plan". collection activities must cease. Bankruptcy will also stop a foreclosure and repossession.
Yes. The creditor must leave you alone and deal with your debt only through your attorney - not you, your neighbor, your relative or any other 3rd party. So the telephone stops ringing and they call your attorney instead.
If you qualify to use the North Carolina exemptions, you can protect the values below. These values double if you are married and you file for bankruptcy with your spouse.
$18,500.00 equity in your home.
$3,500.00 in your car.
$5,000.00 in household and personal items.
$5,000.00 in "other" property if do not own or have equity in a house.
No. Some debts, such as child support and alimony, are domestic obligations and are not discharged. Student loans and taxes are also usually not dischargeable, unless they constitute a "undue hardship" on the debtor.
After examining your justified expenses if the court determines you can pay at least $182.50 per month on your bills, you are not eligible for Chapter 7. If you can pay at least $110 per month and this amount is 25% of what you currently owe your unsecured creditors, you are not eligible for Chapter 7. But if your income is greater than the median amount but your disposable income is less than $110 per month, you can still file for Chapter 7. Certain deductions are standard allowances based on the number of vehicles you operate, the number of people in your household, and the cost of living in your county.
Obtain a copy of your Free Credit Report. Be certain to save this file to your computer as a PDF. Then use the file to make a list of all creditors listed. Check carefully to see if there are any co-debtors on ANY of your credit accounts. Then for each account, locate the most recent bill/invoice for the account: we will need this bill (it has all current information about the creditor: address, telephone, etc).
Yes. See On Track and Hummingbird. You are required to take two (2) bankruptcy counseling sessions - one prior to filing and one at the conclusion of the case. Both may be completed online.
We handle bankruptcy cases in the Asheville and Shelby divisions. See map. The Asheville area includes Henderson and Buncombe counties and all counties west of I-26. The Shelby area includes McDowell and Polk counties.
In part. It depends on the type of case and the expected size of the reward. In general we will invest 15% against what you and I decide is the reward amount we believe the case is worth. After that we must renegotiate. And costs are reimbursed before there is a division of the proceeds between us. We do not take a percentage of the entire award and then take costs from you portion. And if there is no award we eat the costs we have invested.
A. Write down what you remember about the accident now.
B. Start a diary of how you feel each day.
C. Keep a calendar of everything you do associated with the accident: trips to the doctor, hospital, therapy, supplies, etc.
D. Start an account with only one pharmacy and request they keep a log of your purchases - both prescription and over the counter.
E. Take photos of everything: the car, your bruises (daily), sores from crutches, etc.
F. Make a list of everyone who was a witness to the accident: name, address, phone, email. Ask these people what happened and write this down.
G. Keep a calendar of the days from work you have missed. If you take vacation or sick days, note this.
H. Have your employer prepare a letter stating: what your gross pay is; how many hours per week you averaged prior to the accident; how much you are paid per hour; whether you have taken any sick leave or vacation time as a result of the accident; and how long you have been employed by the business.
Yes and no. You may want to settle your case without a lawyer. But it is usually a good idea to consult with an attorney to help you "price" your case and identify - if any - potential problems before going on the record with the adjuster. Be polite to the adjuster and inform this person that you have not decided whether you will hire a lawyer to represent you, but you would like the opportunity to discuss your case with a lawyer before you are interviewed by the adjuster.
Here are damages concepts: Medical expenses (present & future), Lost wages (present & future), Lost earning capacity, scarring, Pain and suffering, Loss of consortium, and Punitive damages. You cannot just say "I want $10,000", you must prove what your damages are. This is always difficult, and next to impossible until at least 3 months after the accident. So do not be in a hurry. Concentrate on getting well. Do what you doctor tells you to do. And let your doctor know if you are experiencing any pain.