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I appreciate the GOOD advice. I plan to call my probate attorney to followup.
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Friday, November 9, 2007
I reside in Winston-Salem, NC. I was married to a woman for about six years in Davidson County, NC.
While we were both married we applied for and received funds from student loans. I do not ever recall ever
having co-signed for her loans nor did she co-sign for mine and upon divorce I did not assume any financial
obligations for her debts. Basically my best recollection was that the court order stated something like any property,
loans, etc in my name remained mine and property, loans etc in her name remained hers. It's been about three
years since the divorce and debt collectors are calling my parents and interrupting their lives. They want my parents
to give a message to my ex-wife or they want my contact information for me to give messages to my ex-wife. My
parents number is also on the do not call registry. I have recommended they do not give them any information and report future
calls to the FCC using their online form and under no cirumstances give them any information about me. Is there
any way they could pursue me for her debts? I thought this was all taken care of when we divorced with the court order.
I am about to get married and my fiancee is thinking we will hounded by my exes debts for the rest of our lives
and it's quickly turning into a bummer.
You are not obligated to pay the loans (unless you co-signed), but why don't you tell the loan companies how to get in
touch with your ex-wife? If you don't know where she is tell them that. Why should you run interference with
with loan companies for your ex-wife. The FCC won't take any action here. The do-not-call list does not apply
in this situation.
I moved to Boone 4 months ago. I am renting a house in a residential neighborhood with my boyfriend and
our 2 dogs. Our back yard is fenced, but the fence is only 3 feet high and our dogs easily jump it and go running with
some of the other dogs in the neighborhood. Recently, our neighbor approached my boyfriend and told him that one of
our dogs was coming onto his property. He told my boyfriend that if he saw the dog in his yard again he would, either,
shoot her or call animal control. He claimed that my dog was "aggressive" and barking at him. I realize
that she can be very intimidating, and I somewhat sympathize with him. Although saying he would shoot her was inappropriate.
I have taken every precaution that I can to keep her in the back yard. I have resorted to tying her up whenever
she is out.
Yesterday my other dog, a 6 month old Beagle mix, jumped the fence and went over into his yard.
She is not at all aggressive and is only about 40 lbs. My other neighbor came and got me and said that the neighbor
was beating my puppy with a stick. She came back unharmed, but I am very concerned for her safety. My question
is, is it legal for him to shoot my dog if she is on his property? Even if she has never shown any aggression to anyone?
Other dogs run through the neighbor hood, but I feel he is singling my dogs out. What rights do my dogs have?
Good fences make good neighbors. It is your responsibility to keep your dog in your yard. Think about your
dog's safety. Most cities have local ordinances that prohibit allowing dogs to run at large. Your neighbor does
not have the right to shoot your dog, but you don't want to force that issue. A live pet is better than a winning cause
of action.
What is the law regarding cocaine in the blood for drivers? Recently I got in an accident and I was taken
to the hospital. I'm a family person with no drug record at all. But that morning I had drank a coca tea (herbal
tea from Peru, with no mind-altering effects, but one would test positive for cocaine since it has a small trace of
the alkaloid).
I wasn't charged with anything, but I'm concerned that the blood test will come out somehow and would get
me into a trouble (the trouble of arguing with experts, receipts and evidence in favor of the coca tea - I have the
box with the tea, the receipts, etc). Any guidance?
It is illegal to possess coca leaves in the United States unless they have been "decocainized"
coca leaves or extracts that contain no cocaine or ecgonine. If the tea was from legal decocainized leaves then there
would have been no cocaine or metabolites in your blood.
My fiance has been pulled by the same police officer 3 times. This evening the police officer said that he clocked
him doing 60 mph in a 45 mph zone, when my fiance asked to see the radar the officer replied quote "No, I do not have to let
you see it." Is this true? What can we do to fix this problem? Why is the cop targeting him?
1. It's true.
2. Ask the legislature to change the law.
3. Because your fiance drives fast.
I was serving on a board of a home owners association in Charlotte, NC until this past week. We have a new board
member that has repeatedly threatened to sue the association, past and present board members for failing to maintain the property.
I grew tired of his antics and resigned. My question is about a special meeting that was held last Saturday. We called a special
meeting to raise dues beyond the normal percentage that we raise them annually. This new board member walked around and collected
proxies for the meeting. At the meeting, I asked if a vote was going to be held. He told me that it was not necessary as he
had enough proxies to "push it through". A vote was never held at the meeting. Can the dues still be increased?
I hear so many complaints about home owner's associations that I would avoid buying property that was subject to one.
As to increasing the dues, the associations by-laws should cover this. If a majority of homeowners voted for the increase
(either in person or by proxy) I don't see why the dues could not be increased.
You could argue that a formal vote was needed but if the new board member really had sufficient proxies to carry the increase,
any victory would be short-lived since he has the votes he needs in his pocket.
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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,
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www.attorneygates.com
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