How North Carolina’s Legal Interest Rate Can Impact Settlement Discussions

In North Carolina the legal rate of interest on a judgment is 8% per year. Parties are also permitted to contract for a rate of interest in excess of the legal rate. At the time of this writing, the effective prime interest rate is 3.25%. As a result of this disparity between the legal interest rate in North Carolina (which was established when prime interest rates were in excess of 10%) and the current prevailing interest rates, there are currently calls for the legislature to revise the legal interest rate in North Carolina. To be clear, this has not happened.

Podcast: You’ve Been Subpoenaed – Now What?

In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson kick off Season 2 with a discussion surrounding subpoenas, who is likely to receive a subpoena, what to do if you receive a subpoena, and your options when things get complicated.

What is a Deposition?

A deposition is a discovery tool wherein a witness is placed under oath and required to respond orally to questions from one or more lawyers. Depositions are frequently requested of parties. Other times, depositions are requested of non-parties who may have knowledge regarding the facts and circumstances surrounding a particular case. If you are not a party to a lawsuit and are asked to provide a deposition, you should not panic, but instead you should determine what information you have and how to best share that information in a way that is minimally invasive to your schedule.

How Long Does it Take To Recover Money Through a Lawsuit?

Often when potential clients call our office it is because they are owed money by someone else. Commonly these situations involve suppliers of building materials or contractors who are owed money related to a construction project. Other situations involve people who have loaned money on a promissory note. We must first determine the reason that someone is owed money in order to best assess how quickly we might be able to help recover that money. In other words, the answer to “how long will it take me to collect?” is almost always the classic lawyer answer of “it depends.”

Podcast: Trial and Judgments

In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson bench trials, jury trials, and the basics of judgments.

Small Claims Court: Is It Worth It, and is it Final?

We often get phone calls from perspective clients who have either filed suit in small claims court, or who have been sued in small claims court. The good news for the perspective client is that in theory, the matter about which they are calling should be a low dollar amount dispute as the jurisdictional limit in small claims court is $10,000.00. This means, only matters involving disputes less than $10,000.00 may be brought in small claims court.

Federal Rule of Civil Procedure 30(b)(6) Has Been Amended

Effective December 1, 2020, Federal Rule of Civil Procedure 30(b)(6) was amended to include the following added language: Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of its duty to confer with the serving party [and to designate each person who will testify].

Podcast: Serving a Defendant After a Lawsuit Has Been Filed

In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss serving a defendant after a lawsuit has been filed. Topics what is service of process, why is it necessary, and how can it be achieved on individuals, corporations, and public bodies.

What Constitutes a Contract in North Carolina?

What constitutes a contract and when is a contract formed is a great question to consider. We look at a lot of contracts and issues for our clients surrounding contract questions. Many of our business clients have a great understanding of what a contract is and how it is formed. As we all continue to learn, some facts can change what appears to be a straightforward looking transaction.

Wake County’s Plan to Resume Jury Trials

On September 30, 2020 the 10th Judicial District, which encompasses Wake County, North Carolina, released its Jury Trial Resumption Plan (“the Plan”). A fully copy of the plan is available here. The plan is quite comprehensive and deals with matters ranging for jury duty to the mechanics of jury trials during COVID-19 for practitioners. The plan states in its preface, “This plan sets out the baseline for the resumption of jury trials; policies implementing the measures set out herein will continue to be reviewed and adjusted by the Wake County Court Emergency Response Team, in consultation with state and local health officials.”

Protected Settlement Discussions in North Carolina

Often I get phone calls where a potential clients wants to share with me a conversation that they had with a party they are involved in a dispute with. Sometimes, the conversation which is being recounted to me sounds as though it was in the context of settlement. An analysis must then to be done as to what extent, if at all, the conversation might be admissible in a courtroom one day.

I Forgot to Answer a Lawsuit: What Can I Do?

We often get phone calls from potential clients who have been sued and, for a variety of reasons, missed their deadline for answering the lawsuit.  While missing such a deadline is serious, and something you should absolutely be concerned about, it is not necessarily grounds for immediate panic

You Have Been Served with a Subpoena—What Do You Do?

You have been served with a North Carolina state court subpoena and you are wondering what your next steps are. How long do you have to respond? How should you respond? These are great questions. The attorneys at Vann Attorneys, PLLC can help you answer all of these questions. But, let’s look at the basics.

Do I NEED a Lawyer In Small Claims Court?

I often get asked whether a lawyer is necessary in small claims court. The short answer to this is “no.” Both individuals and businesses can represent themselves in small claims court in North Carolina. However, there are a number of benefits to having a lawyer represent you in small claims court. Notwithstanding the benefits, the obvious downside is that the amount in controversy will be relatively small, so having an attorney may not be cost effective. An attorney’s fee provision in your contract is important in order to help justify the use of an attorney for small claims matters.