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 […]

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 […]

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 […]

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 […]

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. […]