Motion to Strike Complaint & Objection

Instead of filing an answer like required, Frank McGraw, in a desperate move, filed a Motion to Strike under Rule 12(f) and tried to claim that doing so automatically extended their time to answer by 20 days — which is factually incorrect. Under the law, filing a Rule 12 motion only extends the deadline if…

January 15, 20250Comments ByLessons of Charity

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion & Objection to Extension of Time

Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…

January 13, 20250Comments ByLessons of Charity

Civil Dispute Law / Statute / Information Plaintiff State Court

Motion to Continue & Exceptional Case Status

While most people were busy enjoying the holidays, I was busy trying to protect my case. The trial was scheduled quickly, which it's supposed to be for a trial de novo. This just means starting with a clean slate — and past judgments and actions in the lower court aren't supposed to interfere with your…

December 23, 20240Comments ByLessons of Charity

Civil Dispute Plaintiff State Court

Motion for Leave

This was the only motion I filed that was truly a mistake on my part. I filed a Motion for Leave under Rule 15(a) because I thought I had to, based on what opposing counsel and the magistrate said during the small claims hearing. There were no major changes — just an update that I…

October 1, 20240Comments ByLessons of Charity

Civil Dispute Defendants Plaintiff State Court

Small Claims Appeal

Requested a jury trial due to what happened with the magistrate. I knew this would mean I would have to learn more, but I was confident that I would be able to file for summary judgement with having the unfit housing case. Notice of Appeal

September 3, 20240Comments ByLessons of Charity

Attorney Misconduct Alleged Civil Dispute Court Order / Judgment Defendants Judicial Misconduct Alleged Law / Statute / Information Plaintiff State Court Violations

Small Claims Hearing

Violations: Improper oral motion; hearsay and prior negotiations; potential personal bias. Despite not being the last case called during roll call, the magistrate waited until the courtroom was empty except for two non-English speaking people awaiting a hearing before proceeding with my hearing. Frank McGraw improperly tried to file for dismissal under Rule 15, which…

August 26, 20240Comments ByLessons of Charity

Civil Dispute Law / Statute / Information State Court

Amended Complaint V2 & Outline of Events

I didn’t change anything in the claim itself; I only updated the rent abatement and loss of work amounts. I also provided the court with supplemental documentation outlining what would be discussed. The opposing party didn’t receive these items until the morning of the hearing, which I did intentionally. I was not required to provide…

August 24, 20240Comments ByLessons of Charity

Civil Dispute Law / Statute / Information State Court

Response & Amended Complaint

After the improper motion was filed, I notified the court of the violation and refiled my complaint with full details and events to protect my case. I didn’t have to do this, but given the circumstances, I felt it was necessary. I also removed the request for the security deposit because I later realized it…

August 21, 20240Comments ByLessons of Charity

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information State Court Violations

(First) Motion to Dismiss

Violation: Improper filing A common tactic used to intimidate pro se litigants. This Motion was never ruled on or withdrawn. ref. NC GS $ 7A-216 below. The only reason a case is dismissed in NC Small Claims is failure of service or lack of jurisdiction (filing in the wrong county). NC…

August 19, 20240Comments ByLessons of Charity

Civil Dispute Law / Statute / Information Plaintiff State Court

Small Claims Complaint Filed

Original complaint filed online for Breach of Contract Through Violation of Implied Warranty of Habitability & Covenant of Quiet Enjoyment Deception and unfair practices under the NC UDTPA (Unfair & Deceptive Trade Practices Act) Small Claims Tips If you want to file a complaint, you will need to find out if you county…

July 22, 20240Comments ByLessons of Charity