Tips for Making Non-Compete Agreements Valid

Most corporations want to protect  their business interests and  “trade secrets”. They often do this by having employees sign non- compete agreements and/or non-disclosure agreements. Corporations often think that this is enough to protect their interests. For non-compete  agreements to be valid there are several  requirements that must be met. The agreement must be designed to protect a  legitimate business …

Corporate Annual Minutes Requirements of North Carolina Law Scam Alert

According to the law of North Carolina, business entities registered with the North Carolina Secretary  of State are not required to file corporate  minutes with the North Carolina Secretary of State’s Office. Recently, the North Carolina Secretary of State’s Office received questions about a mailing which businesses received  regarding “Annual Minutes Requirement  Statement”. This mailing was  a solicitation from a …

Notices of Contract and Notices of Subcontract: What They Are, How They Protect Your Rights, And How They May Be Attacked

Notices of Contract and Notices of Subcontract: What They Are, How They Protect Your Rights, And How They May Be Attacked By James R. VannAttorney at Law   A lawsuit or mechanic’s lien arises from many, if not most, construction projects.  Situations arise where subcontractors or materialmen are not paid, subcontractors are kicked off projects, disputes arise with respect to …

Learn to Beat Out The Deadbeats

More often than necessary, civil judgments are not satisfied, and the corporate judgment debtor is not forced to pay.  However, there are several often overlooked statutes providing effective tools for collecting otherwise unenforceable judgments. State codes of statutes often provide assistance to the creditor who is unable to locate other assets of the debtor and must resort to collecting the …

Intent Overrides General Guaranty Law

In Fagen’s of North Carolina, Inc. v. Rocky River Real Estate Company, et al., 451 S.E. 2d 872 (N.C. App. 1995), the Court of Appeals of North Carolina held that it is the specific terms of a contract and the intent of the parties involved, not general statements of law, that control any agreement.  In Fagen, the customer failed to pay the …

Protection For Payment On Federal Projects: Precision Required For Protection

North Carolina is blessed with numerous federally-owned facilities.  These facilities are frequently the sites for construction projects, some of substantial proportion.  Many subcontractors and material suppliers find themselves working on projects located in or on federal facilities and know the projects are exempt from state law lien protection but are protected by payment bonds. WHEN ARE BONDS REQUIRED Congress passed …

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

Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction By James R. VannAttorney at Law   We had a webinar on this topic on Tuesday, May 13, 2014 from 3:00 – 3:30 p.m.   Our webinar was titled : Handling Money of Others – Sales Tax, Escheat Property & Cashing Checks.  Visit our event page for details. You have …

Service Of Summons And Complaints: New And Improved Ways To Serve Debtors/Defendants With Summons And Complaint

Service Of Summons And Complaints: New And Improved Ways To Serve Debtors/Defendants With Summons And Complaint By James R. VannAttorney at Law   The North Carolina General Assembly has passed new legislation which gives Creditors/Plaintiffs an alternative way to serve a Debtor/Defendant with legal documents.  How many times have you or your attorney been forced to chase a Debtor/Defendant in …

May You Contract Where To Sue And Be Sued?

The Supreme Court of North Carolina recently ruled in Perkins v. CCH Computax, Inc., 423 S.E.2d 780 (Dec. 1992) that parties may contract and bind themselves as to where they may sue and be sued. The Supreme Court held that _forum selection clauses_ (clauses which provide or dictate a particular judicial court) which purport to dictate the _venue of an action_ (the particular location of …

Receivership

For many, the concept of bankruptcy is a familiar one.  Conversely, people are less accustomed to the principle of state court receivership.  Therefore, it is shocking for many to realize that state court receivership is basically a state substitute for federal bankruptcy.  Receivership provides an orderly scheme to preserve assets, prevent preference, and to assure the equitable distribution of an …

Preference Claims In Bankruptcy: How Long Is A Creditor At Risk?

For most creditors, word that one of their credit account customers has filed for bankruptcy protection under Chapter 7 of the United States Bankruptcy Code creates a sense of apprehension. It is common knowledge that payments received from the customer within the 90-days immediately preceding the filing of the bankruptcy petition are subject to review by the trustee. All creditors, …

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 Judgments By 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 …

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 Unwary By 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 …

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 …