April 30, 2012
Whether you are a startup or an established company with hundreds of outstanding accounts receivable, the collection of AR and other unpaid debts is a major factor in the success of your business. Failure to collect on accounts can leave you scrambling to meet your own financial obligations, including payroll, taxes, and other employee expenses. With a struggling economy, demand letters and other tactics employed by commercial collection agencies are becoming less and less effective. More aggressive measure by collection agencies are limited by the Fair Debt Collection Practices Act (which law firms are not subject to) and the North Carolina Collection Agency Act. In reality, the most effective tool used by collection agencies is the threat of litigation and many debtors will wait until a lawsuit is initiated before even responding.
Fortunately, many commercial collections can be done efficiently using civil litigation. The Raleigh debt collection attorneys of Maginnis Law can assist you through that process. Our creditor lawyers regularly appear in Wake County District and Superior Courts and are able to handle collections in the surrounding counties as well. To speak with the firm, contact attorney Shawn Howard at 919.480.8526 or Ed Maginnis at 919.526.0450. For confidential email inquiries, please use our contact page.
The debt collection process for consumer debts in North Carolina is relatively uncomplicated. Litigation is initiated by filing a Complaint and Summons in District or Superior Court. The consumer is then served with a copy of each and, if he or she fails to file a response within thirty (30) days, the creditor may apply for entry of default and default judgment. Afterwards, the debtor will have the opportunity to claim certain property as exempt from seizure. The sheriff may then be utilized to seize other remaining assets to satisfy the amount of the judgment. In many cases, the debtor will simply agree to a settlement that allows you to recover some, if not all, of the outstanding debt.
Of course, not all collections involve straight-forward consumer debts. Many situations are more complicated and involve possible defenses and counterclaims. Because Maginnis Law is not just another volume collections practice, and we have an active complex litigation practice, we have the experience and skill necessary to guide you through such litigation. We regularly represent general contractors, subcontractors, architects, and others involved in the construction industry when there are questions regarding not only payment of amounts owed but the quality and timeliness of the work provided. Aside from construction, defenses and counterclaims also arise frequently in any service industry.
Whether you have a straight-forward consumer debt to collect or a more complicated dispute such as in construction, the attorneys of Maginnis Law can help. We are able to represent companies in any number of industries, such as insurance, banks, staffing agencies, finance companies, credit unions, and mortgage companies. We offer free consultations to all creditors looking for representation. Our firm is also able to operate under a number of billing arrangements, including hourly, flat rate, and contingency. We can also use a mix of any of these arrangements if that better fits your business’s needs.
Maginnis Law regularly represents creditors in and around the Triangle Area, including Raleigh, Cary, Durham, Chapel Hill, Morrisville, Apex, Wake Forest, Sanford, and Fayetteville. If you need assistance collecting on an unpaid accounts receivable or even a single account, contact the Raleigh creditor attorneys of Maginnis Law at 919.480.8526 or 919.526.0450.
April 30, 2012
Automobile accidents involving pedestrians are often more complicated than those involving two vehicles. In part, this is a result of North Carolina’s unforgiving contributory negligence rule. This outdated legal principle holds that a defendant can completely avoid liability if he or she can prove the plaintiff was even 1% at-fault for the accident. In pedestrian or bicycle cases, the insurance companies frequently try to argue the plaintiff was doing something unlawful at the time he or she was struck by their insured. For a crosswalk cases, the answer is simple – look at the statutes. North Carolina law is clear; a motorist has an obligation to stop at crosswalks for pedestrians. If you have suffered a personal injury as a result of being struck by an automobile while walking or riding your bicycle, contact the Raleigh pedestrian injury attorneys of Maginnis Law at 919.480.8526. Read more
April 17, 2012
The North Carolina trial courts are separated into two divisions, District Court and Superior Court. Before filing any civil lawsuit, Plaintiff’s counsel must decide the better division in which to litigate his or her client’s case. State statutes provide that District Court is the proper division for matters where the damages are less than $10,000, whereas Superior Court is the proper division for all larger cases. This statute does not, however, prevent a client from filing a larger lawsuit in District Court, it just means the Defendant may be able to have the matter transferred to Superior Court. In many cases the Defendant will fail to timely request such a transfer.
April 16, 2012
Construction site accidents are an unfortunate but relatively common occurrence in North Carolina. In many of these accidents, the injured party is an employee of one of the contractors. If the employee only suffers minor injuries, he or she will typically only pursue a workers compensation recovery. However, for more devastating injuries and wrongful death claims, the injured party or his or her family should investigate to determine whether there is any “third-party liability,” that is, whether the negligence of anyone other than his or her employer caused the accident. In that case, there are additional damages not available through the workers compensation system – such as pain and suffering. No matter whether you are an employee on the job, or just a visitor or passerby, the Raleigh personal injury attorneys of Maginnis Law can help. To speak with one of our lawyers, call Shawn Howard at 919.480.8526 or Edward Maginnis at 919.526.0450. Read more
Using IRS 20 Factor Test to Assist in North Carolina Wage and Hour Act, Employee-Independent Contractor Disputes
April 13, 2012
The question of whether a business’s workers are employees or independent contractors is a common issue for Wake County small businesses. A worker’s employment status creates numerous potential litigation exposures including tax liability for employee withholding wages as well as civil suits under the Fair Labor Standards Act and/or the North Carolina Wage and Hour Act. Maginnis Law, PLLC has experiencing defending wage claims on behalf of employers as well as pursuing overtime payments or other benefits for employees who have been improperly classified as independent contractors. Contac the firm at 919.526.0450 for more information or submit a new case inquiry here. Read more
April 10, 2012
Each year, thousands of North Carolina businesses illegally fail to purchase Workers Compensation insurance and thereby place their employees at risk of catastrophic loss. The problem was discussed at length by the News and Observer in this April 1, 2012 article. Fortunately, under certain situations, the employee may have an additional right not discussed in the News and Observer article; the employee may be able to sue their employer for negligence. If the employee can prove his or her case, a negligence suit permits a verdict of significantly higher damages (although, collecting the judgment remains a concern under either system). To speak with a Raleigh personal injury attorney regarding whether a negligence suit is appropriate in your case, contact Maginnis Law at 919.480.8526 or send a confidential email using our contact page. Read more
Obtaining a Summary Ejectment and Money Damages in Wake County Based on Residential Rental Contract or Form 410-T
April 9, 2012