Civil Litigation

Legislation UPDATE: Landlord/Tenant Law-Landlord's Out of Pocket Expenses

Legislation UPDATE:  Landlord/Tenant Law-Landlord's Out of Pocket Expenses

Every year around this time North Carolina elected representatives get together and pass session laws.  Some are amendments to existing laws, while others are revocations of laws, or implementations of new laws.  The session law about which I am speaking today is SL 2018-50 (SB 224) and it pertains to the legal ability of a landlord to charge certain fees pertaining to the curing of a contract default by a tenant.  In layman's terms, SL 2018-50 lays out what fees a landlord can legally seek against a tenant, especially those tenant's that have cured their breach of the lease (ex. paid all back rent and fees prior to a judge entering a judgment against them). 

The Wide World of Small Claims, Part V: Judgments and Appeals

The Wide World of Small Claims, Part V: Judgments and Appeals

Just because your claim is small doesn't mean it's unimportant. Learn how to protect your rights without blowing the bank!

The Wide World of Small Claims, Part IV: Preparing for Trial

The Wide World of Small Claims, Part IV: Preparing for Trial

Just because your claim is small doesn't mean it's unimportant. Learn how to protect your rights without blowing the bank!

The Wide World of Small Claims, Part III: What Happens When You Get Sued?

The Wide World of Small Claims, Part III: What Happens When You Get Sued?

Just because your claim is small doesn't mean it's unimportant. Learn how to protect your rights without blowing the bank!

The Wide World of Small Claims, Part I: Introduction

The Wide World of Small Claims, Part I: Introduction

Just because your claim is small doesn’t mean it’s unimportant. Learn how to protect your rights without blowing the bank!

Can I Enforce My Oral Contract?

Can I Enforce My Oral Contract?

The dreaded oral contract.  Before you ask "can I enforce my oral contract" you really need to ask, "should I make an oral contract".  The answer to the second question is no, you should not enter into an oral contract.  All your contracts should be in writing.  The answer to the first question depends on other facts particular to your agreement, as some contracts have to be in writing to be enforceable.  I talk about that in more detail below.

Spoliation of Evidence (AKA Preservation of Evidence)

Spoliation of Evidence (AKA Preservation of Evidence)

So, you are contemplating litigation or have recently commenced litigation and you think the opposing party has information that will make your case an easy win.  What do you do?  You send them a spoliation letter.   

Judgment Day (A How-To Regarding Enforcement of Civil Judgments)

Judgment Day (A How-To Regarding Enforcement of Civil Judgments)

Many times a client will come in with a pretty open and shut civil case.  Typically those are breach of contract cases where the client has performed his/her obligation under the contract but has yet to collect the other party's consideration, which is almost always money.  After discussing the client's version of the facts the conversation will turn to what would happen once the case is over and we, hopefully, won.