What to Do with an NC Traffic Ticket if You Live Out of State.

You came to North Carolina, maybe for college, maybe to visit, or maybe you’re just passing through, and were driving too fast. Now, you have a speeding ticket. But North Carolina isn’t your home state. Now what?

Each state has different Department of Motor Vehicle and Department of Insurance rules and regulations. If you don’t follow them, odds are you’ll be pulled over; even if you were unaware that you were doing anything wrong. It’s worth mentioning that North Carolina is considered one of the harsher states when it comes to traffic law.

Most US states (45 out of 50) are a part of something called a Driver’s License Compact (DLC), which allows them to share speeding ticket and traffic citations between each other. North Carolina is a part of the DLC, so if you get a ticket or a citation, the chances of it being placed on your driving record are high. Tickets and citations on your record can lead to points on your license (see our blog, Points on your License and How it Works for more information on license points), higher insurance rates, and even driving courses.

There are only 5 states that are not a part of the DLC:

  • Georgia
  • Massachusetts
  • Michigan
  • Tennessee
  • Wisconsin

If you live in one of these states, then North Carolina cannot share information about tickets and citations with them.

If your home state isn’t a part of the DLC, that doesn’t mean you’re off the hook. North Carolina can still revoke state driving privileges. One of the reasons North Carolina is considered harsh in its traffic laws is how easy it is to plead into a criminal conviction or a license suspension. Speeding over 80 mph (even if you are in a 70 mph speed zone) results in an immediate suspension of NC driving privileges and a criminal conviction. Going 15 mph over the speed limit will result in the same.

If you do get a ticket or summoned to court, it would be ill-advised to skip it. Skipping traffic court in North Carolina leads to the issuing of a Failure to Appear and depending on the severity, an Order for Arrest. A Failure to Appear can lead to the suspension of your driving privileges in North Carolina, and per the NDR, the suspension of your license in your home state.

That’s right, whether your home state is a part of the DLC or not, for more severe traffic or traffic court violations, you can still face consequences in your home state. The NDR is the National Driver Register, which all states are a member of. The NDR keeps records of state suspensions and severe traffic violations, like driving under the influence. If you fail to pay a North Carolina ticket, skip traffic court, or end up with a suspension to drive in the state of North Carolina, your name will go on the NDR, and your home state will see it. Then, the consequences will be determined by them.

While it may be tempting to do everything on your own, it’s best to consult an experienced traffic attorney to help you with any and all traffic violations and citations you receive – especially if you’re out of state. Leslie Craft is here to help! Give Craft Law Offices a call at 252-752-0297 or visit craftlawoffice.com to schedule your free consultation today!

Holiday Spending Habits: How to Avoid Maxing Out Your Credit Card

It’s the holiday season, which is the most dangerous time of the year for your bank account. Craft Law Office is here with some helpful hints on how to spend this holiday season – without maxing out your credit card.

1. Set a budget.

You don’t want to end up in a pile of debt once the holiday season is over, so setting a budget is a crucial step. Writing out who you need gifts for, how much the gifts you plan on getting cost, how much you’ll spend on food, how much you’ll spend on childcare, etc. can be really beneficial. Remember – this budget is supposed to work for you. Include all your needs, categorize your expenses, and stick to it.

2. Get to know your rewards program.

One of the best parts about a credit card is the rewards program. Really get to know what you’re gaining and how to use it to your advantage. Some things to consider are:

  • What purchases get you rewards?
  • What are the rewards you can get – cashback, miles, points, etc.?
  • How many points, miles, cashback, etc. do you get per $1?
  • How much are your points and miles worth?
  • Is there a spending limit on your rewards?
  • How can you redeem your rewards?

3. Lower your interest rate(s).

If you’re unsure you’ll be able to pay back your holiday debts, you’ll end up having to pay interest on that balance. It’s worth reaching out to your credit card company and asking for an ARP reduction. If you’re a good customer, they just might grant it. Another way to achieve low interest rates would be opening a new credit card with a 0% introductory ARP for purchase. Or you could transfer your holiday-spending balance to a card with 0% ARP. Just make sure you wait until after the holidays.

4. Shop safe and watch your accounts.

Tis the season for card fraud. Shopping online can be a risk, so make sure you’re monitoring your bank accounts and know about the activity happening on your card. Since the COVID-19 pandemic, there’s been a huge uptick in credit card fraud. Keep yourself safe by:

  • Linking your cards to a mobile payment app that’s secure (like Apple Pay or Google Wallet).
  • Use secure websites when shopping online – “https:” is more secure than “http:”. Sites will also usually have an SSL security certificate.
  • Don’t make online purchases with your credit card while using public WiFi.
  • Set up notifications for when your card is charged. Apps like Apple Pay and Google Pay will allow you to do this.

5. Skip over the store cards.

It’s enticing – the opportunity to open a store card and save some money over the holiday season. But some of the cards have steep interest rates, and the interest will exceed the amount you save. All in all, it’s not worth it.

Shop smart this holiday season with these five tips from Craft Law Offices! If you find yourself in trouble paying off your debts (holiday or otherwise), let Leslie Craft help you. Visit craftlawoffice.com or call 252-752-0297 to schedule a free consultation!

What to do if You Can’t Meet Your Chapter 13 Repayment Plan

Going through bankruptcy court isn’t easy. Neither is completing your repayment plan. If you’re having trouble making payments, there are a few options to explore that could help you push through and save your bankruptcy.

Amending Your Payment Plan.

If your payments are too high for you to manage, then it may be worth speaking to your attorney to see if you’re able to modify your payment plan. Reducing your monthly payments can be a great way to save your bankruptcy. Payments based on disposable income are easier to manage.

Defer a Payment.

Let’s say you have an unexpected expense, like a medical emergency or a car repair. You’re able to defer a payment (or two) to give yourself some time to catch up. First, you’ll need to speak with your trustee. If your trustee isn’t willing to let you catch up on payments, then you can file a written opposition with the bankruptcy courts to explain your circumstances and motion to dismiss. You’ll need to argue your perspective at the motion hearing, which will include requesting time to catch up on payments and a new plan for how you’re going to do that. The courts will decide from there what to do, but usually they will allow more time for payments or add a specific catch-up plan to your repayment plan.

Temporarily Suspend Your Payments.

If you have a financial crisis that isn’t easily resolved, like you lost your job, then you may be able to get the courts to modify your repayment plan – specifically the monthly amount paid. When filing your motion, you’ll have to have a new repayment plan to propose to the courts and bring documentation of your changed circumstances. An experienced attorney can help you with this.

Request a Hardship Discharge.

If you are unable to continue payments for your Chapter 13 repayment plan, you may be eligible for a hardship discharge. The courts will be the ones to analyze your circumstances and financial situation and they will decide what’s best for your creditors before granting a discharge. However, this is unlikely. Most people are not granted a hardship discharge with a Chapter 13 filing; it’s much more likely with a Chapter 7 filing. If you are granted a discharge, you still will need to pay priority debts (like child support).

Switch to Chapter 7.

If you aren’t granted a hardship discharge, you can also explore switching to Chapter 7 bankruptcy rather than Chapter 13. If you switch to Chapter 7, it’s important to note that your nonexempt property will be sold to benefit your creditors. All qualifying debt will be wiped. Before you can consider this, you must qualify for Chapter 7 bankruptcy. Speak to an attorney to see if you are eligible.

Dismiss and Refile Your Case.

If you can’t afford Chapter 13 and Chapter 7 doesn’t work for you, then it’s worth exploring a dismissal and refiling. When your financial situation is better, you can refile for Chapter 13 to pay off your debts. Once dismissed, you no longer have an automatic stay. Your creditors will be able to collect from you.

Bankruptcy can be complicated and confusing, which is why having an experienced attorney on your side is always beneficial. Let Leslie Craft at Craft Law Offices help you feel financially free! Schedule your free consultation by visiting craftlawoffice.com or by calling 252-752-0297.

Who Needs a Will?

A common question our clients ask us is “Do I really need a will?” Simply put, “yes.” No matter what your financial or family situation may be, everyone can benefit from having a will in place. Even if you don’t have a great deal of assets, or care who receives them should you pass away, it is still important for you to have a will and make appropriate arrangements.

Married? You Need a Will.

Most couples who are married assume that their assets automatically pass to one another if the other passes away. You’re married, so why would that not be the case?

Unfortunately, if your assets are not beneficiary-designated to one another with a recognizable and valid will which names your surviving spouse as the sole beneficiary, you may have to split the estate with other relatives. So, if you have children, the children will get a portion of the estate. If you don’t have any children, but have parents, your surviving parents could get a portion. This means that your spouse may not receive 100% of your assets.

Children? You Need a Will.

When you have a child, most parents will put a will in place to make sure their affairs are in order. But some people may not get around to it, or don’t see why it is necessary.

A valid and recognizable will allows parents to appoint a legal guardian for their minor child(ren) in the event of their passing. The person who is appointed guardian will step in and raise your child(ren). They will also have legal decision-making authority for the children should both parents pass away before the child’s eighteenth birthday.

Having a will allows you to appoint a trustee to manage your assets for your child(ren) until they reach a designated age or level of maturity. Having a valid and recognizable will allows your wishes to be carried out exactly as you wish.

Own Property? You Need a Will

In the state of North Carolina real estate passes outside of the estate of the owner, this means that it is a non-probate asset. Even though real estate is non-probate, it is still directed by your will. This means that any property you own will be passed along to the beneficiaries you named in your valid will.

If you have questions regarding a current will or are interested in having a will drafted, contact Craft Law Office. Leslie will ensure your will is valid and enforceable so that you will have peace of mind for the future. For more info or schedule a consultation, call 252-752-0297 or contact us through the form on our website, https://craftlawoffice.com/contact-us/.

 

Debt Consolidation vs. Bankruptcy

If you are drowning in debt, debt consolidation or debt settlement may sound like a great solution, however, most of the time clients end up worse than if they’d filed for bankruptcy from the beginning.

Clients ask questions about debt consolidation, debt settlement and bankruptcy often, so we’re going to take a couple minutes to breakdown some common misconceptions and show you the pros and cons of debt settlement versus bankruptcy.

With a debt settlement, you will normally pay a company to settle your debt with creditors for less than the amount you owe them. With debt consolidation, you are normally paying a company to manage your payments to your creditors – allowing you to make one payment versus making multiple payments. Both come with various issues.

Here are some of the issues associated with debt consolidation and debt settlements:

  1. No notices – These types of companies will often change your address. When they do this, you will not receive notices regarding your debts which can put you in the dark about the process and where your debts stand with your creditors.
  2. Late charges – When these companies are trying to settle your debt, they tell you to stop making payments on your credit cards. By doing this there will be late fees being applied to your accounts so you could actually end up paying more money with the additional expenses.
  3. Length of time – Both processes can take years and during this time your life and your credit are turned upside down.
  4. Credit score – If you stop paying your creditor the late payments are reported to the credit bureaus. People assume they are saving their credit by not filing for bankruptcy which is not true. Often times your credit is more damaged through debt settlement than bankruptcy.
  5. Added fees – Debt settlement and consolidation companies often charge more money than the actual payments, therefore you could be going further in debt.
  6. Lenders can refuse – Wanting to settle your debt doesn’t mean you will be able to, your creditors have to first agree and sometimes they will not. There are lenders who have a non-settlement policy.
  7. Tax consequences – In debt settlement, the forgiven amount results in taxable income. This means if you were entitled to a refund, it could be taken away due to added income.

Here are some of the benefits of filing bankruptcy:

  1. Notice Throughout – With Craft Law Offices, you will know and understand the entire process of bankruptcy. Start to finish with no surprises.
  2. No Late Charges – Even if you stop making your credit card payments, you will not have to pay any late fees since you are not repaying any debt in most cases.
  3. Length of time – Filing Chapter 7 bankruptcy takes about 3-4 months to complete which is very different than the years debt settlement can take.
  4. Credit score – Most people who file for bankruptcy may see an increase in their credit score versus a big decrease. Contrary to popular belief, it is easier to repair your credit after filing a bankruptcy than after debt settlement. You can rebound from bankruptcy fairly quickly.
  5. One flat fee – Bankruptcy fees are normally “flat fees” meaning there are no surprises in the cost. There is one fee which is quoted at the beginning and that is normally lower than debt settlement fees.
  6. Lenders cannot refuse – Even if they want to, they cannot.
  7. No tax consequences – Your debt is discharged tax free.

Do we think debt settlement is better than bankruptcy? Our answer is no, simply because it is almost always worse. As we said in the beginning it may sound great to settle your debt for less, however it rarely works out that way. More times than not, debt settlement companies charge a great deal of money and get no real results because some companies will not negotiate.

Too many people end up unhappy with debt settlement programs and end up filing for bankruptcy. We suggest you contact Craft Law offices and consider starting with bankruptcy and save yourself time and money.

How about debt consolidation, is that better than bankruptcy? Again, we say no. Even if you want to repay your debt, you can always do that with better terms by filing for bankruptcy. With a Chapter 13 bankruptcy, you may be able to lower interest rates and possibly principal payments. Again, don’t start the debt consolidation process without speaking with Leslie Craft about bankruptcy options.

Don’t lose thousands with debt settlement or debt consolidation only to file bankruptcy. If you’re struggling financially and are considering debt settlement or consolidation, you owe it to yourself to call Craft Law Office today at 252-752-0297.

 

 

What You Need to Know About Repossession

Repossession: the act of retaking possession of something, particularly when a buyer defaults on payments.

If you are behind on payments from debt or loans, you may be worried that creditors will come and repossess items such as your car, truck or boat. If you have put anything up as collateral on a loan, and you default on your loan, it becomes fair game for creditors to take it when you cannot pay back your debts.

Creditors are able to repossess:

  • Property you have signed as collateral.
  • Vehicles, including cars and motorcycles.
  • Rent-to-Own items.

Creditors cannot repossess:

  • Property not signed as collateral.
  • Things purchased via credit card.
  • Things listed as collateral when the contract is unenforceable.

Property Repossession:

Let’s say you took out a loan to start a business and needed to put down something as collateral and you chose your paid off car. If payments are not made, creditors can take your car – not for failure to pay a car loan, but because it is collateral for your business loan. You can put down a variety of things as collateral, the most common are cars, trucks, boats and campers. All of these can be repossessed if you default on your payments.

Vehicular Repossession:

Most auto loans – no matter what type or where from – give creditors the right to repossess your vehicle if you fall behind on payments. While it is illegal for a creditor to break into your garage and take your car, they can take your car from your place of business or from your driveway while you are sleeping. They cannot use violence,  threaten you or use physical force, but in the state of North Carolina lenders are not required to provide notice before they repossess your vehicle.

Rent-to-Own Repossession:

If you have items that you have rented instead of purchased, such as furniture, electronics, appliances, etc., those can be repossessed. In order to do this, creditors have to get permission from the court or someone in the household because it requires entering the home. However, if you rented something like a grill and it is sitting in your unfenced backyard, then creditors can take that. If your backyard to fenced, then they cannot.

If you are behind on your car payments or have already had your car repossessed, Leslie Craft can help. Leslie is an experienced bankruptcy attorney, and she can explain your rights regarding repossession. If you have fallen behind on payments it may be time to explore bankruptcy and see if it is the right option for you. Call Craft Law Offices today at 252-752-0297 to schedule your free consultation today.

Points on your License and How it Works

In North Carolina, driving violations are tracked by the Department of Motor Vehicles (DMV) via a point system. The more severe the infraction, the more points you can accumulate on your license. Having too many points can lead to consequences, such as fees, having to take driving courses, and suspension of your license.

The Consequences of Having Too Many Points:

There are a couple of things that are considered when it comes to the consequences of point accumulation, such as the number of points, the time, and previous suspensions.

If you collect 7 points in three years, you will get a warning letter from the DMV, and you will be invited to take driver improvement courses. These courses cost $70 but will wave three of the points on your license.

If you collect 12 points in three years, your license will be suspended for 60 days. After your license is reinstated, all of your demerit points will be wiped from your driving record. However, there will be restrictions for the next three years.

If you collect four points within three years of your license being reinstated, you’ll receive a warning letter from the DMV and will be invited to take a driver improvement course. Again, this course will cost $70 but will wave three points off of your license.

If you collect 8 points within three years of your license being reinstated, the DMV will suspend your license for up to 6 months. If you continue to collect points, your license can be suspended for up to a year.

The Point Breakdown:

Conviction:

Point Value:

Commercial

Point Value:

Overload

0

0

Overlength

0

0

Over width

0

0

Over height

0

0

Illegal Parking

0

0

Carrying Concealed Weapon

0

0

Improper Plates

0

0

Improper Muffler

0

0

Improper Dealers’ Tag or License Plates Display

0

0

Unlawful Display of Emblems of Insignia

0

0

Failure to Display Current Inspection Certificate

0

0

Littering Involving a Motor Vehicle

1

1

All Unlisted Moving Violations

2

3

Failure to Restrain a Child Properly in a Car Seat or in a Seatbelt

2

4

Speeding in a School Zone

3

4

Failure to Report an Accident

3

4

No Liability Insurance

3

4

Driving Through a Safety Zone

3

4

Failure to Stop for Sirens

3

4

No License or Expired License

3

4

Running a Red Light

3

4

Failure to Yield to the Right of Way

3

4

Speeding in Excess of 55 mph

3

4

Running a Stop Sign

3

4

Failure to Yield Right of Way to Bicycle, Motor Scooter, or Motorcycle

4

5

Failure to Yield Right of Way to Pedestrian(s)

4

5

Illegal Passing

4

5

Driving on the Wrong Side of the Road

4

5

Following Too Close

4

5

Hit & Run, Property Damage Only

4

5

Reckless Driving

4

5

Aggressive Driving

5

6

Passing a Stopped School Bus

5

8

Suspension of License:

Some offenses completely skip points and result in a full suspension of license.

Offense:

Suspension Time:

Failure to Yield Right of Way While Entering an Intersection

90 Days, $500 Fine

Turning at a Stop or Yield Sign

90 Days, $500 Fine

Entering a Roadway

90 Days, $500 Fine

Approaching an Emergency Vehicle, Construction, and Maintenance Area When the Offense Results in Serious Injury

90 Days, $500 Fine

Willful Refusal to Submit to a Blood or Breath Alcohol Test

1 year

Attempting to Obtain a License or Learner Permit Under False Pretenses

1 year

Two Charges of Reckless Driving Within 12 Months

1 year

Failure to Stop and Give Aid When Involved in an Accident

1 year

Speeding in Excess of 55 mph and at Least 15 mph Over the Legal Limit While Attempting to Avoid Arrest

1 year

Assault with a Motor Vehicle

1 year

Death By Vehicle

1 year

Manslaughter

1 year

Prearranged Racing with Another Motor Vehicle on the Highway

3 years

Watching, Betting on, or Loaning a Car for Prearranged Racing

3 years

Manslaughter While Under the Influence of Impairing Substance(s)

Permanent

At Craft Law Offices, we are pros at dealing with traffic violations. Call Craft Law Offices and schedule your free consultation at 252-752-0297 or visit us at craftlawoffice.com.

How Much Does Bankruptcy Cost?

There is something that is probably at the top of your mind when considering filing for bankruptcy: how much is this going to cost me? And the honest answer is that it depends. It depends on how simple or complex the bankruptcy case is, what type of bankruptcy you file for, and your current financial situation.

Though each case is unique, and the cost will vary from person to person, we can give you a general idea of how much bankruptcy will cost you. You may worry that you cannot afford the cost to file bankruptcy, but there are options. Leslie Craft can discuss those options with you during your free initial consultation. To schedule yours, click here [EMBED LINK].

During this meeting, we can explain:

  • The different types of bankruptcy available to you,
  • Determine which type of bankruptcy would best suit your needs,
  • Explain the representation our office will provide you and let you know our fees, and
  • Explain how the payment process works.

Some cost that are included in the cost of filing for bankruptcy include:

  • Court fees,
  • Attorney fees, and
  • Credit counseling course fees.
  • Other fees.

Court Fees:

Your court fee amount will depend on the type of bankruptcy you are filing for and your financial situation. Your bankruptcy attorney will be able to give you a better idea of how much the court fees will be based on your situation.

Attorney Fees:

Filing for bankruptcy can be long, tedious, strenuous, and difficult. Though attorney fees may seem like an unnecessary expense, it would be ill-advised to file for bankruptcy on your own. An experienced lawyer can help make the process smoother, quicker, and yield better results. With Craft Law Offices, your initial consultation will be free, saving you some money in attorney fees.

Credit Counseling Course Fees:

Sometimes, a part of filing for bankruptcy can be credit counseling courses that come with fees. However, these fees can be waived if you fit the eligible criteria.

There are a number of factors that play into the cost of filing for bankruptcy, such as the type of bankruptcy you file and complexity of your case. And, although the cost of filing bankruptcy may seem high, you need to consider the amount of debt, specifically high interest debt, you have. You may come to realize that by filing for bankruptcy you would have peace of mind and be on your way to financial freedom. You are making an investment in you and your family’s future.

To get a better idea of how much your specific case will cost, schedule your free consultation with Craft Law Offices by clicking here or by calling 252-752-0297.

My Tags are Expired, What Now?

Every year, you have to make sure that your vehicle registration is up to date. This includes getting your vehicle inspected, paying taxes, and getting a new tag. But what happens if you do not update your tags?

If you get pulled over for having expired tags, chances are you will get a warning – especially if they have not been expired for a long time. However, you run the risk of being fined. The amount of the fine will depend on how long it has been since your tags have been expired. It can also result in a misdemeanor offense on your record, and you may have to appear in court. If you decide to skip court, then the DMV will likely suspend your driver’s license.

You do not have to be driving to get fined for having expired tags. If you are parked, you can still be fined! This goes for expired tags, not having your tags displayed, or no tags at all.

After your tags have been expired for 6 months or more, the risk increases. Rather than a warning or a fine, you run the risk of your car being impounded. You will not be able to get your vehicle back until you renew your registration (the inspection, the taxes, and the tags) and pay any and all fines associated with the expired tags and impoundment.

If you get pulled over repeatedly with expired tags after they have been expired for more than 6 months, you could face potential jail time. Though this is a possibility, it is unlikely. You will most likely be issued a criminal traffic citation and have to go to court.

Though expired tags may not seem important, they are important for your safety and the safety of other drivers. Plus, the consequences and risks do not seem worth it. Craft Law Offices is here to help with your traffic violations. Schedule your free consultation at craftlawoffices.com or call 252-752-0297 to speak with Leslie Craft, today.

How to Establish and Revoke Power of Attorney

A Power of Attorney is the legal power to act on behalf of another person in specified and agreed upon legal and/or financial matters. A power of attorney can be helpful if someone is unable to sign legal documents or wants to assign decisions about finances or healthcare over to someone else. Either way, establishing a power of attorney is a very big deal, so you want to make sure you know what you are doing.

Establishing Power of Attorney:

In North Carolina, it is required that principals (who is giving the power of attorney) sign a form that is found in the NC General Statures Chapter 32C, section 32C-3-301. This form has lists detailing different financial transactions that the principal can give someone else access to. If giving full power of attorney, the principal will need to initial the line that is in front of the phrase “All Preceding Subjects.” If not, then the principal will need to initial the line ahead of each type of power.

Power of attorney goes into effect immediately. If this is not something you want, then the form can be modified. First, you can either cross out or delete the seventh paragraph where it states this. Next, under the heading that says, “Effective Date,” replace “This power of attorney is effective immediately” with whenever you would like it to take effect.

It is a similar process if you are looking to establish a power of attorney for healthcare related needs and decisions. These forms can be found in the NC General Statutes, Chapter 32A, sections 32A-25.

The signature must be publicly notarized. If the principal is unable to sign, someone else is able to sign for them. But only if the other person is explicitly told to and they must sign “in the principal’s conscious presence.”

Revoking Power of Attorney:

You do not need a reason to revoke your power of attorney, but there are a few popular ones.

  1. Change of relationships.
  2. Death.
  3. Incapacity.
  4. Concerns about Availability.
  5. You simply change your mind.

All of them are great reasons, but now that you have decided to revoke the power of attorney, how do you go about doing that? There are three ways you reverse your power of attorney, and they are a lot simpler than you may think.

  1. In writing. NC General Assembly form §32C-1-110 is barely over a page long and lets you revoke power of attorney. In North Carolina, you can also verbally revoke power of attorney, though this is not advisable as it does not leave a paper trail.
  2. Destroy it. If you have never given your power of attorney to anyone, you can simply destroy the document and it is like it was never there.
  3. Sign a new power of attorney. You can sign the power of attorney over to someone else, just make sure it includes that all power to the previous agent is revoked.

It is always recommended to have a power of attorney before you need one. Craft Law Offices can help! Call 252-752-0297 or visit craftlawoffice.com to schedule your free consultation today. We can answer your questions about, and help you establish, a Power of Attorney for yourself or a family member.