May 31, 2012
For many litigants, obtaining a judgment in trial court proceedings is easier than the part that comes after – collecting. Forcing a judgment debtor to pay is no easy task, even when the sheriff is involved. First, you have to hope the judgment debtor has collectible assets. Second, you have to locate them. The Raleigh collection attorneys of Maginnis Law can help you through both the process of obtaining a judgment and collecting it. To speak with a Raleigh lawyer, call the firm at 919.480.8526. You may also send new case inquires through our contact page. Read more
May 29, 2012
Except for a few varieties of agreements subject to North Carolina’s “statute of frauds,” most other agreements may become written or oral contracts. Both types are recognized by North Carolina law; you do not necessarily need a written document recording your agreement in order to bring a civil lawsuit for breach of contract. If the party with whom you have contracted fails to pay or otherwise perform as required, you are entitled to utilize the courts to recover damages. The Raleigh breach of contract attorneys of Maginnis Law can assist you through that process. To discuss your breach of contract claim or any other legal needs you or your business may have, call the firm at 919.526.0450 or 919.480.8526.
Some of the most common questions our clients have in regards to their breach of contract claims pertain to the types of damages that will be available. For basic collections on accounts receivable, the damages typically consist of the principal amount owed, interest, and attorneys’ fees limited to 15% of the amount owed. For more complicated cases, such as disputes between two businesses, you will be entitled to recover whatever economic losses you have incurred which were a reasonably foreseeable result of breach at the time the contract was negotiated.
In some situations, you may not have a fully valid contract but could still be entitled to recover damages pursuant to an “unjust enrichment” claim. This cause of action is available when you have given something of value to another person or business and it would be unfair for them to retain the benefit without payment. If successful, you can recover the fair market value of the product, services, or payment you provided.
If you have a breach of contract claim, it is important that you act within the statute of limitation. In North Carolina you must file a lawsuit within three (3) years from the date of breach. Failure to do so may mean that you have lost any legal right to recover the debt
Maginnis Law regularly assists individuals and businesses in commercial disputes involving breach of contract claims. To discuss your case, call the firm a free evaluation and consultation. Attorney Edward Maginnis can be reached at 919.526.0450 and attorney Shawn Howard can be reached at 919.480.8526. Our breach of contract attorneys regularly assist clients in the Wake and Durham County areas, including Raleigh, Cary, Morrisville, Apex, Wake Forest, Holly Springs, Zebulon, Durham, and Chapel Hill. For email inquiries regarding your case, use our contact page.
May 21, 2012
Collection agencies permitted to do business within North Carolina must not engage in certain types of conduct when attempting to collect debt. Among the proscribed actions is “unreasonable publication” of a person’s debt. If the collection agency illegally communicates your debt to a third party, you may have a claim for damages under the North Carolina’s fair debt collection laws. The Raleigh civil attorneys of Maginnis Law can assist you in recovering compensation for the violations. To speak with one of our lawyers, call our office at 919.480.8526 or 919.526.0450.
May 21, 2012
The national statistics regarding drunken driving accidents are troubling to say the least. A collision involving an intoxicated driver occurs once every minute, and nearly 10,000 people are killed in alcohol related accidents each year. Unfortunately, criminal proceedings against the responsible driver only serve to punish, they do little to assist the survivors of the victim. This is why North Carolina has strong wrongful death laws that permit the beneficiaries of the estate to recover financial compensation. The Raleigh drunken driving wrongful death attorneys of Maginnis Law can assist your family in its time of need by aggressively litigating the estate’s claim. To set up a free consultation, contact our Raleigh office at 919.480.8526. Read more
May 21, 2012
Within North Carolina there are two court systems – federal and state. North Carolina state courts are “courts of general jurisdiction” whereas the federal courts only have jurisdiction over certain kinds of disputes. Whether you are considering filing suit in federal court, or have received a summons to respond to a complaint, the federal litigation attorneys of Maginnis Law can help. For assistance with cases in the Eastern District of North Carolina or Middle District of North Carolina, call the firm at 919.480.8526 or 919.526.0450. New case inquiries can be sent using our contact page. Read more
Wake County Construction Lawyer – Successor Liability Against Shut-Down and Dissolved Small Businesses
May 15, 2012
In the construction industry it is fairly common to see subcontractors, general contractors, or builders shut their corporate entity down, only to emerge shortly thereafter as a new entity performing the exact same tasks, often from the same location, and with the same phone number. Joe’s Heating and Air becomes Joseph’s Heating and Air with debts purportedly left to be the responsibility of the previous company. Although winding down a company can often be an effective means of shielding oneself from liability, so long as there is no personal guarantee involved, North Carolina law does provide some options for creditors seeking to impose successor liability on companies that have gone under, only to come back with a new name and a new entity. Maginnis Law represents contractors, companies, and creditors in civil disputes relating to successor liability matters. To discuss breach of contract collection matters relating to successor liability, contact the firm at 919.526.0450 or submit a new case inquiry here.
Under North Carolina law, when a corporation purchases all, or substantially all, of the assets of another corporation, the purchasing corporation is generally not liable for the selling corporation’s debts or liabilities. However, there are four primary exceptions to this rule:
- Where the new company has expressly or implicitly assumed the liabilities of the previous company. Some companies in asset purchase agreements do assume some liabilities of the previous company, particularly when personal guarantees are involved for the previous owner.
- The new and old companies have proceeded with a de facto merger. This might include instances where there is a continuation of previous management, personnel, physical location, assets, or general business operations. Meanwhile the old company dissolves completely with a continuity of shareholders between the old company and the new company
- The old business – new business transaction was a fraudulent transaction with fraud done to avoid claims of creditors.
- The new company is a mere continuation of the previous company. Along with some of the same traits of the de facto merger, you might see inadequate payment made by the new company to obtain the assets of the old company.
Maginnis Law has handled many matters involving dissolving companies in the construction industry but we have also seen phantom dissolutions come up in the furniture industry and the staffing industry. Contact the firm at 919.526.0450 for assistance with successor liability litigation, for a consultation regarding properly dissolving your company, or for assistance with an asset purchase agreement between two businesses. Maginnis Law, PLLC is a Raleigh civil litigation firm handling construction, business litigation, breach of contract, and collection of accounts receivable throughout Wake County, including Morrisville, Wake Forest, Holly Springs and the rest of the Triangle area. Contact the firm to discuss your civil issues or submit a new case inquiry here.
May 15, 2012
Among the injuries commonly caused by automobile accidents are those involving the shoulder. Whether you have sustained a fractured collarbone, upper arm, or shoulder blade or suffered a torn rotator cuff, the odds are that your medical treatment will cost thousands of dollars and cause you to miss weeks, if not months, away from work. In these circumstances, it is important you seek legal counsel. The Raleigh automobile accident attorneys of Maginnis Law can assist you through the process of claiming fair compensation for your shoulder injuries. To speak with a personal injury attorney, call the firm at 919.480.8526 or send a confidential email via our contact page. Read more
May 14, 2012
If you have been hurt in a serious automobile accident as a result of another driver’s negligence, you are entitled to pursue fair compensation for your injuries. The Morrisville personal injury lawyers of Maginnis Law can assist you through all steps of the claim process, including negotiating with the at-fault driver’s automobile insurance company and, if necessary, filing suit and litigating your case. To speak with one of our lawyers, call our office at 919.480.8526. Read more
May 11, 2012
The majority of people who are forced to consider filing a lawsuit have been severely financially damaged by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, many North Carolina attorneys charge $250 or more. You may have another option. The Raleigh civil litigation attorneys of Maginnis Law regularly take cases on a contingency basis. This arrangement means that you do not pay any attorneys’ fees until we reach a settlement in your case or the defendant pays a verdict. We’re not able to take all cases on contingency, so it is important that we meet with you to determine if your matter would be appropriate. To speak with one of our contingency fee lawyers, call our Raleigh office at 919.480.8526 . If you would like to send the details of your case, use our contact page.
May 8, 2012
For most people, the process after a North Carolina automobile accident is uncharted territory, they’re simply not sure what to do. For smaller claims, it may be possible to “learn on the go” and negotiate a fair settlement with the at-fault driver’s insurance company on your own behalf. However, for automobile accident involving more serious injuries, such as ones with extensive medical expenses, you should consider retaining an attorney to represent you against the insurance company. The attorneys of Maginnis Law regularly represent clients in Garner, North Carolina, and can help you recover the fair compensation to which you are entitled.
The first step in any personal injury claim is the identification of your legally recognized damages. This is difficult to do without a full analysis by an experienced lawyer, but there are some general areas of damages of which you should be aware. First, you are entitled to recover all medical and pharmaceutical expenses proximately caused by the car accident. This is true even if the accident exacerbated a pre-existing condition such as degenerative disc disease. You are also entitled to recover damages for lost wages and loss of wage earning capacity. For a discussion of the difference, see our blog of September 7, 2011.
Some of the other damages you are entitled to are not always easy to calculate and are simply based upon a projection of what a jury would award you based upon the exact circumstances of your case. They include compensation for physical, mental, and emotional pain and suffering, as well as, temporary and permanent disability.
The attorneys of Maginnis Law can assist you with your automobile accident personal injury claim. Because our firm does not have an extensive staff of “case managers” and “paralegals,” we work directly with our client and learn for ourselves the numerous ways their car accident has changed their life. This tends to be very valuable in negotiating and litigating their claim.
Our firm provides free consultations and evaluations for all car accident personal injury claims from Garner, and is willing to travel to meet with potential clients. All Garner automobile accident claims are accepted on a contingency basis so that you pay no attorneys’ fees unless and until you recover for your personal injuries.
If you have been injured in a motor vehicle accident in or around Garner, North Carolina, including US Highway 70, contact the Garner accident attorneys of Maginnis Law at 919.480.8526. You may also send confidential email inquiries using our contact page