When Debt Collectors Attempt to Collect a Paid Debt

North Carolina law provides generous protections for debtors against harassment, coercion, and misrepresentation by debt collectors. While there are any number of ways a debt collector can run afoul of these statutes, one of the more obvious is to attempt to collect a paid debt. Whether the debt collector is the actual creditor or a […]

Personal Guarantees on Commercial Contract Collections

For many startup businesses, it can be impossible to obtain credit without offering a personal guarantee of an owner or officer. If the business is not successful, and cannot pay its debts, this guarantee can come back to haunt the owner or officer. Most creditors’ attorneys will file suit on a breach of contract claim […]

Requests For Admissions Under the North Carolina Civil Procedure

Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, any party to a lawsuit may serve written “Requests for Admissions” on any other party. Many Plaintiffs’ attorneys will serve Requests for Admissions with the Complaint and Summons. This happens frequently in debt defense, breach of contract, and other business law disputes.  If […]

Lawsuits Against Collection Agencies for Harassment of Debtors

A creditor has a right to use a collection agency to attempt to collect unpaid debts. It does not, however, have the right to use the collection agency like an “attack dog.” North Carolina law provides that it is unlawful for collection agencies to use harassment to attempt to collect debt. If a collection agency […]

Threats and Coercion by North Carolina Collection Agency

North Carolina law prohibits a collection agency from using threats and coercion to attempt collect debt. If a collection agency does use such threats and coercion, the debtor may file a civil lawsuit to pursue actual damages, such as emotional pain and suffering, as well as, a statutory penalty of anywhere between $500.00 to $4,000.00 […]

Raleigh Architect Attorney and Contract Dispute Lawyer

Most architects, engineers, and other construction professionals will eventually have a dispute requiring the assistance of a civil litigation lawyer. The Raleigh construction law firm of Maginnis Law has represented multiple architects in breach of contract disputes and is experienced litigating matters under American Institute of Architect (AIA) contracts. Whether you are an architect being […]

North Carolina Deficiency Judgment Debt Collection Lawyer

In North Carolina, commercial debt collectors are entitled to pursue a deficiency judgment after a foreclosure on real property. However, these types of lawsuits are much more complicated than a standard money-owed debt collection suit.  Contact Maginnis Law, PLLC at 919.526.0450 to speak with a Raleigh debt collection attorney to discuss deficiency judgment litigation if […]

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 […]