Ask the Law Guy

Ask the Law Guy

Have you got a question about:

The law?
The legal system?
A legal problem?

E-mail it to me and I'll pick the most interesting to answer here.

"Thank you very much for answering my question. I love your website!"

"We have enjoyed your web site and have gotten more information off of it than any others. (Plus I got a Kick off the pictures) .Very informative and you have explained it in the basic way for even my Redneck hubby can understand".

"Well, I feel, as many other "Jail-House Lawyers" like you did a fairly good job on my brief."

I appreciate the GOOD advice. I plan to call my probate attorney to followup.

Our company has been writing us NSF payroll checks. I can not cash my checks and my co-worker can not cash her checks at our respective banks anymore because our owners have written us so many bad checks. We have gone so far as to open accounts at the bank that the checks are drawn on and we went there to cash them this last week and there was not enough money in there account to cover either one of them. This was a holiday weekend and no money for food or bills or anything. We live from check to check what can we do legally to rectify this situation? We are looking for new jobs but until we can find one we are stuck!

In North Carolina, it is a crime to write a check knowing that there are insufficient funds in the account to cover the check, if you could convince the District Attorney to prosecute, that might give you some leverage. You could also try to contact a state agency like the Department of Labor.

The laws of man cannot overcome the law of physics one of which is "You cannot get blood from a turnip." If your employer is in financial trouble your chance of a meaningful recovery for unpaid wages is low.

I am 35 years old. When I was about 17 - 18 years old I got a department store credit card. Well I thought that I paid it off. The company went out of business. Seventeen years I am getting a call from a credit collection company saying that I owe the money. I have not heard anything from anyone until now.

I think that in most states a collecting a debt that has been outstanding for 17 years would be barred by statutes of limitations. Technically the expiration of the statute of limitations does not mean that you do not owe the debt. It means that the courts will no longer enforce the obligation.

How long will a misdemeanor stay on your record? If trying to get a job and a criminal record check finds a drug possession misdemeanor on your history, can it and will it affect the likelihood of employment? Will it ever disappear? How long, legally, can potential employers view your history?

A criminal record is forever. Only an expunction or pardon removes a criminal conviction. In North Carolina a person who was convicted of a misdemeanor before age 18 could be eligible for an expunction. Pardons can only be granted by a governor or the president.

It is up to each individual employer to decide whether to hire someone with a criminal conviction. There is no limit on how far back an employer can look into your past.

Important fine print

The owner/operator of this website is Bryan Gates, an attorney in Winston-Salem, N.C. E-mailing a question to a website (even a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws of states other than North Carolina. For more information about The Law Guy, check out:

www.attorneygates.com

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