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Tag Archives: lawsuit

Understanding What You Sign | Raleigh Law Firm

Failing to carefully review a legal document can be expensive – in one recent case, it cost a homeowner $7,000. In the summer of 2011, a satellite dish installer broke a water line at a Mecklenburg County, North Carolina residence. The resulting damage to the property was significant, and the homeowner submitted a claim with the installer’s insurance agent. After initially receiving $7,000 from the insurance company in partial payment …Read More

North Carolina Small Claims Get a Whole Lot Bigger | Raleigh Law Firm

Effective August 1, 2013, the maximum limits for lawsuits in small claims court and district court will rise significantly. The small claims limit is doubling from $5,000 to $10,000 and the limit for district court cases is increasing from $10,000 to $25,000. Anything over that amount must be brought in Superior Court. The rise in the small claims limit will significantly increase the number of cases that individuals and companies …Read More

Discovery- A Necessary Tool

Discovery is an important part of the litigation process, and can have a major impact on the ultimate outcome of the lawsuit.

−Discovery- A Necessary Tool

In the course of a lawsuit, the Plaintiff and Defendant have the opportunity to request information from each other regarding the case. The purpose of discovery is to encourage and allow each party to find out what evidence the other  party has in support of its case. This process allows the parties to determine the strengths and weaknesses of their case and their opponent’s case. Some of the mechanisms for obtaining information include Interrogatories, …Read More

Changing the Approach to Dealing with Defaulting Defendants

As a result of the current application of the default rules, businesses can save money and be more efficient in their pending lawsuits in several ways.

−Changing the Approach to Dealing with Defaulting Defendants

A  frustrating trend has emerged over the past several years with regard to defaulting defendants. On many occasions, a defendant will fail to respond to a lawsuit, but will show up at the hearing when we attempt to obtain a default judgment. Sometimes, the judge will give the defendant another chance to respond, or will grant other relief, such as setting aside the entry of default. It is important to understand …Read More

Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction

The debtor’s mere refusal to pay the full claim does not make it a disputed claim.

−Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction

You have billed a customer for amounts past due on an open account.  After a few invoices and requests for payment have been ignored, you receive a check for a lesser amount than what is owed.  You notice that on the memo line of the check is the following notice: “Paid in Full — All Claims Satisfied.”  What do you do?  Should you keep the check, knowing that it may …Read More

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