Post-Bankruptcy Collection Attempts

A bankruptcy discharge eliminates your obligations to pay debts included in your bankruptcy filing. If you listed it and you received a discharge, then you are no longer responsible or liable for that debt. Most people think that that means no more telephone calls, dunning letters, or lawsuits from people trying to collect on that debt. […]

Defenses to the Filing of Foreign Judgments in North Carolina

The Full Faith and Credit Clause of the United States Constitution generally requires that one state recognize and enforce the civil judgments of another. North Carolina, like many states, has adopted the Uniform Enforcement of Foreign Judgments Act (N.C. Gen. Stat. §§ 1C-1701 to 1708). The statute creates a relatively efficient method of filing and […]

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 […]

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 […]