Unfair Debt Collection Regarding Deceased Relative’s Debt

A disturbing aspect of unfair and improper debt collection by collection agencies relates to attempts by debt collectors to collect funds from the spouses and other family members of their deceased relatives. This is a particular problem in North Carolina due to its desirable status for retirees and semi-retirees. Between 2010 and 2030, North Carolina’s […]

Negotiation and Indorsement of a Mortgage Note

community of houses representing a home owners association

Most homeowners are aware that there is a foreclosure crisis in the United States, but they may not understand precisely why there is a crisis. The crisis is caused, at least in part, by the sloppy record keeping of the banks. Mortgagors/home owners nowadays are finding that they are being brought into expedited power of […]

Unreasonable Publication by North Carolina Debt Collector

Collection agencies permitted to do business within North Carolina must not engage in certain types of conduct when attempting to collect debt. Among the proscribed actions is “unreasonable publication” of a person’s debt. If the collection agency illegally communicates your debt to a third party, you may have a claim for damages under the North […]

North Carolina Commercial Creditor Attorney

Whether you are a startup or an established company with hundreds of outstanding accounts receivable, the collection of AR and other unpaid debts is a major factor in the success of your business. Failure to collect on accounts can leave you scrambling to meet your own financial obligations, including payroll, taxes, and other employee expenses. […]

Lawsuits Against Debt Buyers and Seeking to Collect on Old Debt

Many individuals receive calls from collection agencies that have purchased debt from creditors or other commercial collection agencies.  These debt buyers purchase old debt for pennies on the dollar hoping to collect on debt that others had been unable to recover.  Under North Carolina law, a debt buyer is a person or entity who purchases […]

Late Fees in Commercial Debt Collection,

In North Carolina commercial collection, retail debt collection, or consumer debt collection, late fees on a loan payment are permissible if agreed upon by the parties to the loan contract.  However, there are significant limitations on what late fees can be charged to a debtor.  Contact the debt collection attorneys of Maginnis Law, PLLC at […]

Failure to Secure Collection Agency Permit

a woman about to sign a document while someone hands her a pen with one hand, and money in the other hand

When speaking with a Raleigh bankruptcy attorney or debt relief specialist, a debtor will first be asked to list his assets and identify amounts sought by creditors and collection agencies on their credit report.  In North Carolina, it is possible that those potential liabilties can actually be an asset that debtors can use to assist […]

Bounced Check Remedies in North Carolina

business law and litigation between two people at a desk

Business owners, what remedies are available to you if you’ve received a bounced check from another party? North Carolina, like many states, allows you to receive additional damages separate from the actual value of the check. Following the specific requirements, it is possible to obtain funds and damages. Additional damages are paid as part of […]

Bankruptcy for Business Owners Facing Creditor Litigation

Recently, I’ve had a few clients who are being sued by their creditors on breach of contract matters for money owed. Invariably, they want to know what their best option is. Is it defending the suit? Perhaps letting them get a judgment? Or Is bankruptcy for business owners a viable solution?