Enforcement of Foreign Judgments: Information For Creditors Regarding Collecting Out-Of-State Judgments

Enforcement of Foreign Judgments: Information For Creditors Regarding Collecting Out-Of-State JudgmentsBy James R. VannAttorney at Law Suppose you have a judgment against a debtor and the debtor either leaves the state or owns property in another state. How can you collect on your judgment? The answer to this question lies in a basic understanding of how these “foreign judgments” operate. Generally, …

North Carolina Statutory Liens on Real Property: A Timeline To Remember

The following dates and information must be known and provable in order to sustain a lien on real property in North Carolina: 1) Date of first performance – The first date on which equipment, materials, and supplies were sold for the specified project. 2) Date of last performance – The last date on which equipment, materials, and supplies were provided …

Bankruptcy, Dismissal & Statutes of Limitation: A Landmine For The Unwary

Bankruptcy, Dismissal & Statutes of Limitation: A Landmine For The UnwaryBy James R. VannAttorney at Law  A recent opinion issued by the North Carolina Court of Appeals should serve to remind all creditors of the necessity of vigilance when a debtor is in bankruptcy. In Person Earth Movers, Inc. v. Buckland,N.C. App. , 525 S.E.2d 230 (2000), the Court reviewed …

Am I Liable For Giving Job References?

Am I Liable For Giving Job References?By James R. VannAttorney at Law As an employer, you have probably been asked to give a job reference for a former or current employee. If that employee had a record of unsatisfactory job performance, it is likely you agonized over the information you provided. You may have been afraid to give a negative reference …

Alternative Dispute Resolution: An Overview Of The Process And Its Prevalence In Civil Actions

In today’s credit-driven society, disputes and complaints are an almost everyday occurrence. The time and resources expended to reach a reasonable solution to even minor disputes substantially increases the cost of doing business. Attorney’s fees and litigation costs are far from rare. In facing the dilemma of backed-up court dockets and mounting public frustration at the perceived inability to quickly …

Identify Theft and FTC Red Flag

North Carolina law provides that a business which operates in North Carolina and collects personally identifiable information (social security number, drivers license number, date of birth, etc.) on individuals (including employees and customers), the business is required to maintain an Identify Theft Policy. The Federal Trade Commission now requires businesses to identify “red flags” which are areas for possible identify …

Signs That A Customer May Be Approaching Bankruptcy

It can be shocking, crushing, and, worse, financially devastating to have a valued customer declare bankruptcy. However, the ambitious credit manager and business owner should strive to be prepared for the bankruptcy of a customer. Careful planning can mitigate or even negate the economic impact of a customer’s bankruptcy. Yet to fully prepare for the worst, it is necessary to …

How To Manage Bankruptcy Issues As A Creditor

Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy. To add insult to injury, there is a risk that any recently received payment or settlement might be recaptured by the bankruptcy trustee as a preferential transfer or “preference”. Do …