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The Triad Lawyer

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

The Triad Lawyer

Monthly Archives: April 2012

MGB for Sale Photos

27 Friday Apr 2012

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Mgb photos for ebay

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Note sealant, not rust.

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1962 MGB For Sale (add’l photos)

27 Friday Apr 2012

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1962 MGB for sale

 

Only rust is the one of the old battery wells. I replaced with plastic bin.

In earlier pictures, the peeling on the frame is sealant not rust.

 

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The holes in the frame were intended, not rust.

 

 

 

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Landlord Tip: Always cut off utilities before Tenant takes possession & put this in lease too

26 Thursday Apr 2012

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Winston-Salem Landlord Lawyer; Kirk Sanders

It’s happened over and over again. A landlord for whatever reason doesn’t cut off the utilities prior to the tenant taking possession. Later the tenant fails to pay rent AND isn’t paying the landlord for the utilities.

Landlord’s first reaction: cut off power. Hold on, not so fast.

Even though the lease says the tenant is responsible for all utilities, if the landlord cuts off the power in landlord’s name then that tenant stands a good chance of getting an eviction dismissed. Also, it opens the door for the non-paying tenant to bring a suit against the landlord! I know, this is ridiculous, but this is the way it is.

So abide by my rule: 1) Make sure your WRITTEN lease memorializes that the tenant shall put all utilities in its name & 2) CUT OFF the power in Landlord’s name prior to giving Tenant possession. Don’t make exceptions. Exceptions cause indigestion & lost profits.

Call Kirk Sanders at 336-724-4707 to handle your commercial leases, residential leases, evictions, collections and landlord lawsuits.

Notice by Publication Tip–in Forsyth County use the Clemmons Courier

23 Monday Apr 2012

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Forsyth County Estate Attorney; Winston-Salem litigation attorney

I see it regularly. Some poor soul publishes a Creditors Notice for an
estate or Notice of Service by Publication in the big paper in
Winston-Salem. If they selected the Clemmons Courier or Kernersville paper
they would have paid about 1/4 to 1/3 of the price! It’s a drastic
difference.
So if you’re an executor of an estate, by all means, advertise in the
Clemmons Courier or Kernersville paper. They qualify per the general
statutes for notices.

Downtown Winston-Salem Partnership was Big Help

19 Thursday Apr 2012

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Downtown Winston-Salem Partnership; Mayor of Downton Jason Thiel

Thanks to the “Mayor of Downtown”, Jason Thiel (officially the president of DWSP) & Harvon Savage for staying on the City to get them to return a roll-out recycle bin for my office space. We were delivered one, then the first time I used it, the City came that very night and took every single one at our office townhomes. It took three weeks with the DWSP’s help to get the City to return a bin. Harvon Savage checked in regularly on the status.

 

If you are considering opening a business in the downtown area, I strongly suggest you speak with Jason Thiel. He is very helpful and has good insight. I’ve known of several restaurants that benefited from discussions with him.

 

Check out their blog at http://downtownwinstonsalem.blogspot.com/

 

 

Bicyclist killed by SUV over the weekend

16 Monday Apr 2012

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bicycle wrongful death NC, bicyclist NC lawyer, Katherine Shubert

Winston-Salem, NC — A Winston-Salem Bicylist, Katherine Shubert, was killed in a biking accident in Summerfield. An SUV hit her as she was cycling at 7:10 p.m.

N.C. Highway Patrolman, Trooper W.S. Skinner said the bicyclist was wearing a helmet and following the rules of the road. The driver said she was blinded by sunlight and didn’t see the cyclist. The driver passed a sobriety test on the scene. Investigators and the Guilford Co. D.A. will meet later this week to determine if charges will be filed.

Drivers and cyclists need to be aware that they need to share the road with cyclists and be aware of the rights of others.

Many condolences to the Shubert Family and their friends. http://www.forbisanddick.com/obituary-details.php?id=2558

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This appears to be a situation where one would have a wrongful death claim against the driver for negligence. There is a two year statute of limitations in wrongful death claims to bring a lawsuit in such a case.

Bonded & Insured claims by Maids, Tree Guys and others

14 Saturday Apr 2012

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Winston-Salem insurance attorney; Bonded and Insured claims; Sanders Law Firm

Have you ever received a business card that says “bonded and insured?”
What does it mean? Is it important that a business providing you services
be bonded and insured?
Being bonded means that the business has securely set money aside with a
bonding company that is available to you as the consumer should the
business injure you or your property in some way.
Being insured means that the business has a policy with an insurance
company that will pay out certain claims up to the policy limit.
It’s important to know whether a business providing you with services has
a bond or insurance. Chances are that if one of the employees damages
your property, steals property, or injures you in some way, their bonding
company or insurance carrier will be the one paying out the claim rather
than the business itself. So how do you find out if the business has
insurance?
If a business claims to be “bonded and insured” on their business card,
don’t rely on the business card alone. Ask to see documentation of the
bond or insurance policy, for example a Certificate of Insurance. It needs
to be valid through the date of service. If the employee or owner
refuses, beware of doing business with them. Alarm bells are ringing. This
is a major sign that they are not trustworthy. Call me beforehand if you
have questions or concerns (336) 724-4707.
We’ve been involved in a case where a maid stole gold and jewelry from
10 to 15 families over a period of time.
kirk@kirksanderslaw.com

We need more Little Big Lotteries–less than $2.5 million payouts

12 Thursday Apr 2012

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Kirk Sanders, NC Lotttery Lawyer

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What in tarnation would you do with $500,000,000?

I’m thinking that’s a tad excessive. Probably end up ruining me and my family if I won.

Now if I won $1,000,000 or $2 million. I could make real decisions. Probably wouldn’t change my lifestyle much, instead, I’d likely be more relaxed. Yes, and my wife would get the patio extended in the backyard as well as rip up the carpet in the basement and replace with hardwoods. We’d do some foreign travel. We’d improve our charitable giving too. To me the little prizes are more fun.

But if one wins $100,000,000 or more. There would be some serious, societal burdens. For instance, what 3rd world disease will you singlehandedly cure? If you can’t do something and leave a mark with that kind of windfall, what good is it.

Or let’s say, if you don’t do something dramatically good for society, what are you going to do with that money? How many boats, cars, mega McMansions does one truly need?

And then there’s taxes. You’ve probably read how most lottery winners end up bankrupt. How??? They don’t account for taxes. Plus, they fall prey to every investment scheme known to man. Think about the old adage: You can lose your money a whole lot easier than you make it.

What would you do if you won?

a)     $2.5 million?

b)     $200 million?

Either way, I suggest you meet with a trusted attorney and CPA and start figuring out how to handle the situation before you rush out and claim your prize. If possible, don’t be that person holding the large check. Every no-good, semi-family, old acquaintance will be ready to lighten your wallet as soon as they get wind of your new found wealth.

Good luck!

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or http://www.facebook.com/sanderslawfirm

 

3 year litigation file finally closed

12 Thursday Apr 2012

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sanders law firm, Stokes County Trial Attorney

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Today is a cause for celebration. We just successfully completed three years in litigation in a file. The defendant on a couple of occasions appealed orders to the N.C. Court of Appeals. We got his appeals (yes, plural) dismissed. Last month we had our final motion to complete the case. The time has run for the opposing side to appeal. This case was an oddysey.

I can safely say the opposing party was a ‘vexatious litigator’. Most of this file are his motions & appeals.

Call Sanders Law Firm, PLLC (336) 724-4707 if you have litigation needs in Winston-Salem, King, or the surrounding counties.

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Winston-Salem Dive Restaurants: Spotlight on The Diner

09 Monday Apr 2012

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Winston bar lawyer, Winston-Salem Dives; winston-salem restaurant attorney

There I was pumping gas. Next stop was home for quick lunch. Then I looked over the pump and like an oasis in the Sahara, there she was: The Diner. No more excuses needed. I’m eating out.

The Diner is located near the intersection of Country Club Road and Gordon Drive in the Twin-City. Address is 108 Gordon Dr.

Serving breakfast and lunch. It has a regular menu and a buffet.

I ordered from the buffet. Choice of meat loaf, country style steak, and tenderloin. I chose the country style steak with fried apples & pintos covered with spoonful of onions–I have a deposition after lunch (sinister laugh). Comes with choice of breads AND drink for $6.49.

Price was very good. Food was courtesy of service provider. I’d like a little bit more homemade feel to the country style steak. They offered bowl of onions to cover the beans. That’s a plus. I’ll come back and order off the menu. I also like you can sit at a counter too.

The Diner has a local set of regulars. I know some folks that religiously eat breakfast before their weekly golf game.

I find that I gravitate to the meat and 2 lunches. Back in school I was the same way. All the ‘cool’ kids went through the junk food line and dropped $5.00 on crummy pizza and bag of chips. I went through the lunch lady line and ate we the regular folks for $1.10. Always fed well. Thank you Reynolds High School lunch ladies of the mid to late 80’s.

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