10 Common Legal Mistakes Made in Starting Your Own Business

There is very little I consider more exciting in the practice of law than helping clients while they are starting their own business. I enjoy the practice of law, but my real passion is starting businesses. I am a small business owner myself, beginning my small law firm from a second floor one-room office to (more…)

North Carolina’s Concealed Carry Permit Law

Applying for a Permit To apply for a concealed carry permit, you must do so at the Sheriff’s Department in the county where you reside. You must submit an application, fee, fingerprint scans, certification of completion of an approved safety course, and a signed release form. The sheriff will either issue or deny the permit (more…)

North Carolina’s Concealed Carry Permit Law

Applying for a Permit To apply for a concealed carry permit, you must do so at the Sheriff’s Department in the county where you reside. You must submit an application, fee, fingerprint scans, certification of completion of an approved safety course, and a signed release form. The sheriff will either issue or deny the permit (more…)

Military Personnel and Their Protection under Civil Law

The Servicemembers’ Civil Relief Act (SCRA) provides a wide range of protections to members of the US Armed Forces who are in active duty. The purpose of the Act is to assist soldiers whose ability to conduct their defense in civil cases is materially affected by reason of military service. It actually delays or suspends (more…)

Adverse Possession of Real Property

Adverse possession allows owners to prove title through possession for a certain period of time. Obtaining title to property through adverse possession is similar to obtaining an easement by prescription. There is no exchange of document of title and no closing or deed conveyance under adverse possession. Instead, title is awarded because of certain types (more…)

Obtaining and Collecting Judgments

You’ve are being sued by a credit card company and that creditor is about to get a judgment against you. What does it mean? First, there are specific affirmative defenses that can be made to the court regardless if money is owed or not. Before communicating with the credit card company or its’ attorney or (more…)

Business Fraud

Business fraud is a common occurrence in today’s society and something business owners should always be aware of. Contracts Restatement Section 162 outlines fraudulent misrepresentation in general. Simply put, business fraud occurs when a person intentionally misrepresents facts in order to induce another into a business agreement. One party asserts an untrue fact that is (more…)

Judgments

The public policy of North Carolina isn’t going to allow a creditor to take the shirt off of your back. In today’s economy, I am seeing more and more people distraught not just over the inability to find or keep a job, but over the mounting bills. When there is no income coming in, people (more…)

Eminent Domain May Come into Play with New Inland Port in Greer

The new Inland Port in Greer is expected to bring an economic boom to the Upstate of South Carolina. However, in order to complete the project the State Port Authority, a government agency, must acquire some land that belongs to private persons or corporations. At least one landowner has not agreed to sell their land (more…)

Cartway Case Goes to Court of Appeals

One of the oldest ways for a landlocked property owner to gain access to his or her property is through something North Carolina defines as cartway. N.C. Gen. Stat. § 136-69 allows a landowner who has no reasonable access to his property to file a petition before the Clerk of Superior in order to seek (more…)