Lynn Ellen Coleman

I offer personal, compassionate assistance with debt and consumer law issues to persons in the Piedmont Triad area of North Carolina.

St. Mary's University School of Law

J.D. | Law

1983 - 1986

Trinity University

B.S. | History, Political Science

1979 - 1982

North Carolina State Bar

Member

Current

National Association of Consumer Advocates

Member

2010 - Current

National Association of Consumer Bankruptcy Attorneys

Member

2009 - Current

North Carolina Bar Association

Member

1999 - Current

North Carolina

Since 2000

Texas

1986-2000

• Free Consultation
  I offer a free online or telephone consultation.
• Credit Cards Accepted
  Debit cad only for bankruptcy. Credit card (all major cards) for other areas.
• Contingent Fees
  For certain consumer law cases only.
• Rates, Retainers and Additional Information
  I offer flat fees, contingency fees, and hourly fees depending upon the nature of the case.

• Collections Defense
• Student Loan Law
• General Civil

Q. Being sued for debt but summons was delivered to the wrong address and not signed by me - what should my next step be?

February 4, 2025

A: You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion or Affidavit. If it was served by a Sheriff deputy, you will need affidavits from others as well.

If this is your only legal defense - that is, if you did have a Discover account, the bills they attached were for your card, they sued you within 3 years of default (unless this is a lawsuit to renew a judgment), and you defaulted on the account only because of financial hardship - spending the money on a lawyer to help get this set aside is only a temporary fix. They can still serve you at the correct address, and proceed on. You probably want to have a bankruptcy consultation with a local lawyer in your area. Many offfer free consultations.

Do not delay in speaking to an attorney in your area for specific legal advice. ... Read More

Q. Non-judgement bankruptcy question.

January 14, 2025

A: We cannot answer this question without more information. I assume the attorneys fees were awarded against you. You did not give us any description of what specific civil rights violation you were found liable for (what the ALJ found that you did). Certain debts are not dischargeable in bankruptcy, including damages for willful or malicious injury. Your bankruptcy attorney can give you the specific reason why this challenge is being made. There are deadlines to object to discharge of a debt, and that deadline may be different than the deadline for the other party to file the request for a judgment. The other party will have to file a Motion to lift the bankruptcy stay to proceed with the Federal court action in addition to an objection to discharge. Your bankruptcy attorney may charge you additional attorneys fees to defend an Motion to Lift Stay and an objection to discharge (refer to your fee agreement). The amount of the attorneys fee award is also relevant. I hope that explaining the factors involved will help you reach a decision in consultation with your bankruptcy attorney. ... Read More

Q. My attorney used all of my retainer then withdrew from my case a few days later. Can i get a partial refund?

January 13, 2025

A: Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did, and a copy of your file. It would be helpful if this attorney would refer you to another attorney who could continue the representation. I suggest you contact the NC State Bar and file a Fee Dispute Petition. You can find out information about this by looking online at this link (copy and paste, scroll down to see the fee dispute process)

https://www.ncbar.gov/for-the-public/i-am-having-a-dispute-with-a-lawyer/alternatives-to-filing-a-grievance/

A lawyer is required to withdraw from representation when their physical or mental condition materially impairs their ability to represent the client. Howeve, a lawyer is not required to disclose sensitive medical information in order to justify withdrawal. You may feel that you are being ripped off or the lawyer is bailing on you for no reason, but hopefully your lawyer had your best interest at heart and realized that he/she was unable to do a good job for you.

I hope this advice helps. ... Read More