Tortious Interference with a Contract is one of those causes of action that sounds scarier than it really is. In its simplest terms, tortious interference occurs when you encourage someone to break the contract they have with someone else. As this is law, there are also exceptions to that rule. A simple example is when […]
Attorney’s Fees
For smaller lawsuits, there is one type of award that can change the outcome of your case. Prevailing parties can sometimes get the losing party to pay attorney’s fees. The decision to award these fees is often in the discretion of the presiding judge. However, it helps to know when you could have the losing […]
Default Judgment
Lawsuits aren’t fun. Few people want to sue, and even fewer want to be sued. However, every day a plaintiff files a new suit against a defendant, and that defendant generally has 30 days from being served to answer. In a perfect world, every defendant will timely respond to the plaintiff’s complaint. In reality, things […]
Fraudulent Transfers
Fraudulent transfers are one way in which creditors can set aside a transfer by a debtor to another person or entity. They occur when the debtor either makes a transfer of assets with the intent to defraud his or her creditors or, in some states, when a debtor makes a transfer while insolvent or when […]
What is a Demand Letter?
What is a Demand Letter, and what’s it used for? A demand letter is a tool used prior to litigation to demand that a certain outcome be obtained from an opposing party or else a lawsuit will be filed against them. Your demands can be for money or for some sort of action. If you’re […]
Serving Lawsuits on Hard to Find Companies
Typically, when you want to sue a registered company in North Carolina, you would file the lawsuit and serve the summons and complaint upon the registered agent, but things don’t always work out the way they’re supposed to. A registered agent is a person or company assigned to accept service of process on a […]
Negligence in North Carolina
Negligence. You may be familiar with the term, but do you actually know what it means? Unless you are an attorney or have been involved in litigation alleging negligence, probably not. Simply put, a suit claiming negligence asks the court to rule that the defendant breached a duty of care that they owed you, and […]
Statute of Limitations and Debt Collection
The general concept of a statute of limitations is well known to the public. Most people are aware that there is a set time period after the occurrence of an injury during which you can file a lawsuit against a person for recovery of damages from that injury. The same goes for prosecution of criminal […]
Judgment Creditors and Bankruptcy
So you’ve won your day in court and obtained a money judgment against a defendant. You’ve called the local sheriff and begun an execution of your judgment in order to secure payment of your debt. Just as you begin to think of how much you can collect, you find out that the defendant has filed […]
Arbitration: It’s Not Just For Banks
Have you ever read through your credit card agreements? Have you truly read through each clause? You probably haven’t read them, unless you’re the rare exception or an attorney who gets paid to do so. Most of these agreements include arbitration agreements, where you agree, by opening the account, to resolve any issues by arbitration […]
Amount in Controversy: Important Changes in the Law
This post is slightly delayed, but it is important nonetheless. Everyone should be aware of changes in State law, especially when those changes affect litigation. On June 19, 2013, Governor Pat McCrory signed Senate Bill 452 (“SB 452”), now Session Law 2013-159, which increases the jurisdictional amount in controversy for each division of the […]
Attention DIYers: Thinking about Pro Se? Think Again.
We’ve all had this thought before: I can do that myself, so why pay somebody else to do it for me? For those familiar with Pinterest, this is the age of doing-it-yourself. Representation in a legal matter should not be a DIY experience. Despite what you may think you know, it’s always better to hire […]