Debt Collection from a Corporation in North Carolina

November 24, 2010

There are additional factors that need to be discussed with your Raleigh commercial colleciton lawyer if your business is owed money by a corporation rather than an individual. Does the company have assets or is it insolvent? Can a civil law suit be initiated to collect from the owner of the Raleigh business rather than the company itself? What court should I file this civil litigation in? Read more

Initiating a Collections Civil Lawsuit – Wage Garnishment in North Carolina

November 22, 2010

With the economy still slow, more companies are initiating collections actions for money owed than ever before. When obtaining an attorney for creditor-debtor matters or collections, make sure that you discuss with your lawyer three important questions: Read more

Different Lien Rights for Contractors and Sub-contractors

November 19, 2010

Most contractors and sub-contractors understand their ability to file liens against the builder if there are payment issues. But although contractors and sub-contractors both have the ability to file a lien and perfect that lien by filing suit, they do not in fact hold the same lien rights. It’s important to distinguish between the North Carolina statutory bases for the two different lien claims so that sub-contractors can be aware of when they need to exert their lien rights. Read more

Asserting Statutory Lien Rights for Contractors

November 17, 2010

Most general and subcontractors understand the need to put a lien on the property where their work was accomplished in order to protect their right to payment for labor and materials from the land owner or the general contractor. North Carolina has some important deadlines which contractors need to be aware of if they want to be able to enforce that lien. There are also important strategic concerns to consider when moving forward with the lien process Read more

What is an Individual Left With After a Chapter 7 Bankruptcy Filing

November 15, 2010

A bankruptcy petition under Chapter 7 allows the bankruptcy trustee to liquidate any non-exempt assets of the filing debtor in an effort to pay off the debtor’s creditors. One question that individuals seeking protection under the Bankruptcy Code is which of their assets are classified as exempt and, accordingly, protected from their creditors. Really what that question is asking is: will I be left with nothing? Read more

First Law Suit for a Business – Small Claims Court Basics

November 12, 2010

I get lots of calls from fledgling business owners facing the prospect of their first civil litigation, which often takes place in the District Court Division – Small Claims, or Small Claims Court. Does one need a business lawyer for these types of smaller contract disputes? Small Claims Court actions are a less formal proceeding – imagine a sane version of Judge Judy or the People’s Court without catchy entrance music – between parties for certain types of claims (usually money for a breach of contract or for possession of property) for less than $5,000.00 One can only initiate a small claims case against a defendant in the county in which they reside. Read more

Bankruptcy for Business Owners Facing Creditor Litigation

November 10, 2010

I have business clients who are being sued by their creditors on breach of contract matters for money owed. Invariably, they want to know what their best option is. Is it defending the suit? Is it letting them get a judgment? Is it filing for bankruptcy? Read more

Be Wary of Overtime Rules for Salaried Employees

November 9, 2010

Most employers understand the need to pay time and a half for hourly workers who work in excess of forty hours per week. However, many people think that salary based employees are exempt from these requirements. Many businesses follow the logic that salaried employees are paid a salary to do their job and they need to take the amount of time necessary to get the job done.

In North Carolina, that can be a dangerous mistake. Read more

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