NSF Checks: How to Respond When a Customer Issues an Non-sufficient Funds Check

NSF Checks: How to Respond When a Customer Issues an Non-sufficient Funds Check By James R. VannAttorney at Law   Customer Issues a NSF Check that Does Not Clear Even with all the payment options available today, paper checks are still a popular form of payment especially in the business world.  So, what options are available to you to help …

Joint Check Agreements – Not a Silver Bullet

Joint check agreements, or joint pay agreements, are a common credit management device, and can be an excellent tool to make sure that you get paid when your customer does. In most cases, however, they do not create a situation where you can seek money directly from the general contractor. In order to use them effectively, it is important to …

Business Planning: Establishing and Maintaining An Effective Corporate Entity

Setting up a new business venture seems simple enough, particularly with all of the information available online. Many believe once they file their LLC or corporation with the Secretary of State, their business is established and they are protected from personal liability. Unfortunately, that belief is not accurate. While technically the corporation or LLC exists upon filing, there are several …

Enforcing Judgments From Another State

In the recent North Carolina Court of Appeals case, Gardner v. Tallmadge, the Court held that a foreign judgment (a judgment issued in another state) was not enforceable in North Carolina since the Ohio court that originally issued the judgment lacked subject matter jurisdiction to do so. In Gardner, Mr. Tallmadge entered into a demand cognovit promissory note with Mr. …

Collecting a Judgment: The Sheriff/Deputy Is Of Vital Importance

A vital benefit the legal process of obtaining a judgment affords you is the ability to utilize the services of the local Sheriff’s Office in an effort to collect the debt. Once a judgment is recorded, the appeal period has passed, and, if required, Notice of Right to Claim Exempt Property has been served, your attorney can obtain a Writ …

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 …

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 …

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 …