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The Triad Lawyer

~ Just a personal side of the law– opinions, ideas and thoughts.

The Triad Lawyer

Monthly Archives: December 2011

Bank ‘work out’ sessions

14 Wednesday Dec 2011

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Went to a bank work out session (not for me). Moral of the story: Always think long and hard before you sign a personal guaranty. Deals always look so rosy when you first start the deal. Think about whether you can withstand the business imploding and your left standing with payments on the loan.

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The problem is most businesses / people have to much debt that sucks the life out of the cash flow. Also, a lot of people keep rolling their debt over and refinancing instead of working to pay it down. Nail down a fixed amortization loan.

The man/woman with a debt free business can take home a lot more cash without having to kill it to make a lot of revenue.

My favorite is a guy I know who started out pressure washing as soon as he got out of school. No business debt. Boy, I wish I had his networth. He kept branching out into other service and manufacturing ventures. 

Just my two cents worth.

Top Down Roadster in 33 degree weather, crazy or loco?

08 Thursday Dec 2011

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Decided I had enough time cooped up in an MGB with the top up. So I went topless this morning and drove to work. It’s been down all day. I wasn’t bad, only my ears were cool on the ride to work. 

But I got some serious looks. And I don’t think it was because I lack a grill, have overspray on my radiator, and have no bumpers. I overheard a couple folks comment “look at that nut”. Yes we can hear everything without a top and rolled up windows.

Too many people buy convertibles for the idea. I know some folks who hardly ever ride with the top down. That goes for a lot of things, though. I know a lot of people who buy huge homes and don’t need 1/3 of the space, then have to live with bigger mortgage payments, utilities, etc. Some buy cars that have 450 horsepower and go 0 to 60 in 4 seconds, but they never race the car or drive it like a dervish on a race track.

Then there’s people like me who drive a 49 year old car with top down with temperatures in the 30’s, I guess some might lump me in the same group. Oh well.

Now I’ve got to ride home with top down in running shorts.

Ciao,

Kirk

Lawsuit over smell of corpse in SUV

07 Wednesday Dec 2011

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So get this:

Lawsuit Filed Over Smell of Corpse in SUV
A Michigan woman is suing a local Ford dealership, claiming that the company failed to inform her that the vehicle she purchased had been stolen multiple times and once contained a dead body. According to the suit, the dealership told the plaintiff the bad smell was from a dead animal, but a hazardous materials company found it was a “human odor.” WELL, IT WAS TECHNICALLY A ‘DEAD ANIMAL’ OF THE KINGDOM MAMMAL. The general sales manager at the dealership claims the smell was not there when they sold the car and that they “would love to get to the bottom of it.”  Boston Globe, Boston Globe  12/06/2011

Read Article: Boston Globe 

HEY, YOU BOUGHT A CAR WITH A BAD SMELL & YOU KNEW SOMETHING DEAD WAS IN IT. LIVE WITH IT. 

Judgment-Sheriff Sale in Forsyth County for December 2011

05 Monday Dec 2011

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Here are a couple of personal property items the Forsyth County Sheriff will be selling this month:

1- 12/21/11 at Noon at 1202 Fairchild in Winston-Salem– 2007 Bobcatt T300 track loader. VIN 532015904 (Colonial Pacific v. Mario Flores 10 CVS 4649)

2- 12/07/11 at Noon at 1202 Fairchild in Winston-Salem- 1992 Ford Super Wagon (Colonial Pacific v. Mario Flores 10 CVS 4649)

Remember: got to bring cash or cashier checques or some mix of the two. You can’t leave and go to the bank and return. 

Caveat: you are purchasing items at Sheriff’s sales subject to any liens (bank loans, taxes, etc.). A lot of people make the mistake thinking they automatically are getting clear title. Do your own due diligence or buy it at a ridiculous price that you can walk away from.

Sometimes you can get a good deal. Be savvy.

I appear at these sales for out-of-county or out-of-county collection attorneys or collection creditors and bid.

Kirk Sanders, Collection Attorney

kirk@kirksanderslaw.com 336-724-4707

www.kirksanderslaw.com

Tree removal in Winston-Salem area

05 Monday Dec 2011

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P55

Always make sure your tree man is insured and bonded. You’ll have serious homeowner insurance issues otherwise if a tree or branch falls on a building or house.

Also, get it quoted in writing before the cutting begins.

This is a tree man I use a lot for house and rental properties- James Redmon 336-749-5197 (Tree Cutter). His price is incredible. *Note: I recommend him but you are responsible for your own due diligence. Ask tree cutters for referrals. RULE: Don’t pay until the job is done unless you work an arrangement to pay as certain portions of jobs are completed.

He cleared a ton of brush and small trees from my yard this Fall. This picture is one of 3 piles hauled away & the picture is taken at an angle. It was a huge pile that was 5 feet tall. The City Brush Removal Service loved us.

If the tree or brush is along a property line, talk to your neighbor in advance. Trees that have trunks on both sides of the line are jointly owned. 

Never cut down a neighbor’s tree without permission. There’s a statute that awards treble damages for the value of the tree.

Kirk Sanders, Sanders Law Firm (336) 724-4707

email me at kirk@kirksanderslaw.com

My Austin Healey: I really bought this?

03 Saturday Dec 2011

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Ok. So when I bought it it had all its panels attached. Nonetheless, it doesn’t look it, but I heard it run today for the first time. I’m working on the restoration plan. I don’t plan to make this a “perfect” trailer queen. I want a car I can drive the snot out of. Believe me, a 3000 has the guns to kick tail riding down the road.

When you need a classic car restoration attorney, call me. I’ve had two not so great restoration projects. I intend this one to be correct and within my intended budget. Get a contract with your restoration mechanic. 

Kirk Sanders, Car fanatic attorney.

By the way, I have a 1962 MGB that will be for sale. 336-725-4707

See my work website for more information: www.kirksanderslaw.com

I also have represented a number of clients recovering their antique cars/classic cars from dilatory mechanics.

Went to Attorney School: Post Judgment Collections

03 Saturday Dec 2011

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Good day long course on collecting against judgment debtors. Learned some good methods. Supplemental proceeds, chose in action. Oh yeah. Debtors beware. I love collecting on some jack-legger that fails to live up to his or her word to pay, whether it’s a promissory note or for services or materials. 

Kirk Sanders, Collection Attorney, Shylock (legally & ethically of course)

1962 MGB: 301 interstate miles today. Need beer

02 Friday Dec 2011

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Drove MGB from Winston-Salem to Cary to Zebulon to Cary and back today. Went to CLE in Cary and took a side trip to visit the Austin Healey in Zebulon. It was good to hear it run. 

I think I only passed two sets of cars one being a line of school buses. The other a pickup carrying oversized load. 301miles in one day. In a 1962 convertible. It only has 4 gears. No radio (that’s the way I like them).

I swear that if everyone had to drive cars that aren’t so finessed as modern cars, no one would commute. Imagine no cruise control, road noise so loud you can’t hear people on your cell phone, the occasional whiff of gasoline. 

Interestingly, I find that I drive with the window down even in cold weather and it’s nice. It would be uncomfortable in the family van or other modern car. 

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