// BLOG
May 3, 2012
Many contractors, sub-contractors and other construction businesses are aware of the 120 day rule regarding construction liens, which the firm has previously blogged about
here, but a failure to lien within 120 days from the last production of materials or services does not eliminate contractor’s rights to file suit under a breach of contract claim. In North Carolina, businesses have up to three years from the date in which they knew or should have known about a breach of contract claim to file a law suit for a failure to make payments owed on a construction contract.
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May 2, 2012
A creditor has a right to use a collection agency to attempt to collect unpaid debts. It does not, however, have the right to use the collection agency like an “attack dog.” North Carolina law provides that it is unlawful for collection agencies to use harassment to attempt to collect debt. If a collection agency does use such tactics, the debtor can sue for money damages. The Raleigh civil litigation lawyers of Maginnis Law regularly represent debtors in such lawsuits. For a free consultation regarding your potential case, contact attorney Shawn Howard at 919.480.8526 or Edward Maginnis at 919.526.0450. You may also send a confidential email inquiry using our
contact page.
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May 2, 2012
North Carolina law prohibits a collection agency from using threats and coercion to attempt collect debt. If a collection agency does use such threats and coercion, the debtor may file a civil lawsuit to pursue actual damages, such as emotional pain and suffering, as well as, a statutory penalty of anywhere between $500.00 to $4,000.00 per violation. This “per violation” likely does not mean per threat, but it does mean per phone call that contains a threat. The Raleigh attorneys of Maginnis Law are experienced in representing debtors in such civil lawsuits, and we regularly take cases against creditors on a contingency basis, meaning that you pay no attorneys’ fees unless we recover money damages for you. To speak with one of our attorneys today, contact Shawn Howard at 919.480.8526 or Edward Maginnis at 919.526.0450.
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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.
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