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

The Triad Lawyer

Author Archives: TriadLawyer

Would-Be Law School Students Getting the Picture, Applications down 13.2%

06 Thursday Jun 2013

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The number of law school applicants and applications has continued its downward trend, according to data compiled by the Law School Admission Council.

By May 31, about 56,424 people had applied to law schools accredited by the American Bar Association for the 2013-2014 school year, a drop of 13.2 percent from the year before. That’s from last year’s applicants. Keep in mind that applications have been on decline for 4 to 5 years.

With the typical applicant applying to multiple schools, there were 376,380 total applications filed, which was a drop of 18.6 percent from the year before.

At least would-be applicants are getting the picture: there are few jobs for recent graduates.

My question: why don’t more people apply to engineering schools instead? We need more engineers and scientists.

Build-A-Bandit absconds with car owners deposits

04 Tuesday Jun 2013

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Build-A-Bandit owner, Robert Allen McElreath, took over $2,000,000 in deposits from car owners then didn’t work on their cars. He’s believed to have fled the state.

Attorney General Roy Cooper said June 3 that a judge issued a temporary restraining order against Robert Allen McElreath. The order issued last week told el Bandito to stop taking orders and advance deposits for automobile restoration in North Carolina.

“Promising consumers a custom car, taking their money and then leaving them high and dry is no way to do business,” Cooper said. “We want to stop bandits from making off with people’s money.”

The business name is a reference to the 1977 movie “Smokey and the Bandit,” which featured the Trans Am driven by Burt Reynolds. Other pseudonyms are Pick a Pony, Pontiac Pros, Common Man Classic Hot Rods and Discount Automotive Classic Reconstruction, Cooper said.

Since June 2012, the Attorney General’s Office has received 52 written complaints from people from as far away as Australia. There have been 26 warrants have been issued against McElreath for obtaining property by false pretenses.

The complaint filed by Cooper’s office lists Erica Kampert as an accomplice. The scam, per the AG, is that McElreath advertised “Smokey and the Bandit” cars on Internet auction sites. Bidders who lost got a call from McElreath offering them a car at a discounted price, Cooper said. Then the duped consumer executed a contract and wired thousands of dollars before work began, according to the AG complaint said.

Wake County Superior Court Judge Howard Manning ordered McElreath to appear in court June 10. He did not appear at the hearing last week when the temporary restraining order was issued.

751 West Fourth Street Building

29 Wednesday May 2013

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Welcome the newest construction to Downtown Winston-Salem. Commercial Realty Advisors is developing the lot at the corner of 4th and Broad Street with Frank L. Blum as contractor, archSTUDIO7 as the architect, and Stimmel & Associates as the engineer. This rendering of this 55,000 sf building is excellent. John Reese II, the managing partner, says it is 65% preleased . Good to see Class A on the West End side of Downtown.

Construction begins in June 2013.

Funding a Business — F&F Method (Friends & Family)

24 Friday May 2013

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So you have a business and need some additional funding , well financial institutions are unlikely to give a small business a loan with no collateral and/or no credit history.

And, if your business lacks a track record, it’s doubtful you can get venture capital.

Where to turn?

Sometimes the only place you can turn are Friends & Family.

The National Entrepreneurship Center (NEC) actually endorses this idea, but it needs to be done carefully.

Done improperly and you run the risk of losing or destroying those relationships. Just think of the [high school reunion/family reunion/poker night] spent with people who think or know you blew their hard saved money.

So if you do borrow from F&F or they invest in your business, make sure you do it write.

1) Write out the plan. First step, have some business plan – and it doesn’t have to be some 20 page MBA business plan—but some plan with goals and how to meet goal and analysis of market and competition, etc.

2) If a loan, make it an official loan agreement (principal amount, interest rate, length of loan, and collateral used to secure the loan). Get an attorney to draft (especially if you are the person lending the money).

3) Define of person with money is a lender or an equity stakeholder

4) Document everything. No handshakes here.

5) Business better be absolutely clear with person loaning/investing on exactly how the money will be used & how it will be repaid.

Investors/Lenders ask yourself: “If I didn’t know this person, would I still think this was a good idea to lend the money to them?”

Make sure you don’t draw up your own legal papers. I’ve seen what non-lawyers can do & it’s scary.

Judgment against Mark Fetters – Mark Fetters Builder

23 Thursday May 2013

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Mark Fetters of Greensboro, NC (Guilford County) has a writ of execution issued against him based on a judgment due to a creditor.

Mark Fetters also operating as Fetters Builders (contractor’s license was revoked).

ßmark Fetters, Greensboro, judgmentà

TRIAL JUDGMENT against DARLENE RAFFERTY AKA EDITH DARLEN RAFFERTY, thieving maid

06 Saturday Apr 2013

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trial order Darlene Rafferty, WARNING Darlene Raffterty maid-steals

Darlene Rafferty aka Edith Rafferty aka Sparkle Cleaning is a maid you should not use.

She has stolen jewelry from multiple households and pawned these items.

A trial was conducted in Forsyth County by Sanders Law Firm PLLC

The judge ruled in favor of my clients and determined that Rafferty stole items and pawned them.

My clients were awarded $8,390 in damages for the stolen goods and $25,000 in punitive damages against her.

I had 4 other couples that she stole from ready to testify. The detective testified.

Beware: Do not use Darlene Rafferty for maid services, unless you really want to get cleaned out.

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Speakers & Dates for New Winston Museum Salon Series

21 Thursday Mar 2013

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Check out the following series of talks at New Winston Museum (no admission charges): https://www.facebook.com/NewWinston

March 28th at 5:30 pm there will be a talk on the new stained glass windows that have been created for St. Paul’s Episcopal Church.  Anyone interested in architecture or stained glass will find this very interesting.

 

April 11th at 11:45 am – just as we are going into gardening season David Bare (Reynolda Gardens & the WS Journal), Eric Jackson (Old Salem Gardens) and Margaret & Salem Neff (Beta Verde) will be speaking about heirloom gardening.  If any of you are in a garden club it would be wonderful if you passed this information on to your fellow members.

 

April 25th at 5:30 pm Artist Jan Detter (teaches at WFU in the Entrepreneurial Program and has created art pieces all over town) will be speaking on the evolution of textiles as art and what it is like to be a professional working artist.  She is an incredibly dynamic and inspiring speaker.  Anyone interested in the Arts will love hearing her ideas.

 

May 9th at 11:45 am local historian Fam Brownlee will be speaking about the joining of Winston and Salem.  He knows lots of interesting stories about the period and is just a delight to listen to.  His talk will be a wonderful way to start your celebration of the centennial of Winston-Salem.

 

May 23rd at 5:30 pm will be Twin City Story Time.  Four WS writers, including our very own Bill Womble will be sharing their tales of the city.

 

June 13th at 12:30 pm fellow board members and Scott Wierman (Winston-Salem Foundation) will be speaking about the many ways that philanthropy has shaped our city.

 

June 27th at 5:30 pm Ellen Kutcher (Director of Historic Bethabara Park) will be speaking of our community’s unique shared history.

 

Attorney review agreement before signing (even or especially if family)

14 Thursday Mar 2013

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business litigation attorney, contract dispute attorney winston-salem

Should I go to the expense of having an Attorney review my agreement before I sign?

Yes. See below.

What if it’s with a family member? Friend?

Even more reason to review. The old adage: “If friend/family can’t … who can.”

 

Yet again another potential client comes to see me about suing a business partner.

Once again, there are problems.

1)     Don’t wait until years pass since you were last paid or invested money. You make your case harder and impossible due to statutes of limitations that will bar you from recovering in a court of law. I had one person that had invested a substantial sum in a business with a (family member). The investment was over 3 years ago and they had received nothing but communications that put them off and delayed them. This is the ‘run around’.  When you run into road blocks, recognize the run around, then go consult with an attorney to either a) straighten out the situation or b) when step a) fails, litigate the matter on your behalf.

2)     But almost egregious was the agreement drafted BY the parties. No attorney was used. It had all sorts of horrible language that made me cringe. I looked at the potential client, who told me to tell them straight, and said that language sinks your case.

“Who drafted this?” I asked.

“We did.”

I grimaced.

If you’re going to invest $10,000, $20,000, or more, don’t you want to make sure you have a good chance of receiving your investment returns or at least getting your money back? Then go see an attorney. Sometimes a consult will help you decide if you even need to be getting into the deal at all.

 

The choice is up to you.

 

 

Selling on eBay and Payments through Paypal

28 Thursday Feb 2013

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business law attorney in winston-salem nc, sanders law firm charlotte nc, selling on ebay

Thinking of selling a high priced item on eBay? Here are a couple of things to consider:
1) Require that your bidders have a positive eBay history. Example: I listed my classic 1962 MGB on eBay. Some spammer or jokester outbid my topbidder by $100 then tried to scam me. The "top bidder" had no bid history and ruined what would have been a successful listing. I was over my reserve.
2) Payments with Paypal. Note this hasn't been personally verified, but have some disclaimer in your listing that buyer bears the risk of damage during shipping and takes in "as-is" condition. I've heard examples (note not verified) that Paypal process says if product is damaged that the recipient can have their funds returned. How do you handle product being returned? What if Buyer damaged the product? How do you prove? Get insurance for the delivery from the carrier. I also had this occur. Thankfully I had insurance and transferred to a cooperative buyer to recupe.
3) Terms of Sale: Put in your listing your terms (how paid, condition, etc). And give proper disclosure of defects.
4) Receipts & paypal: when I sold an item that was for pick-up only. I had the buyer sign an acknowledgement they received the product and the date and the terms of the sale were completed. In essence a bill of sale. When you mail items, require the purchaser to sign for the delivery.
Good luck.

How to start a Sole Proprietorship

27 Wednesday Feb 2013

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doing business as in Winston-Salem, sole proprietor winston-salem, Starting a business in NC attorney

Sole proprietorship: To be legitimate, here’s a start for what forms you need. If you’re going legit (recommended) go all the way legitmate.

A sole proprietorship is owned by one person. If you have more than one person, you become a partnership. This list of forms is not exhaustive, but it’s a good start. Certain businesses require additional forms (eg. licensed professions, hazardous industries).

1)      Assumed name (DBA) at the Register of Deeds. Costs $26 (they don’t take personal checks). Form at their office or on www.forsythdeeds.com

2)      Tax id Number with IRS (if you don’t want to be giving your social to every supplier and customer who gives you a 1099)

3)      Privilege License for municipality http://www.cityofws.org/Home/Departments/FinancialManagementServices/RevenueCollections

4)      State Privilege License  http://www.dor.state.nc.us/downloads/privilege.html 

5)      Determine if you need to have a NC sales tax id & file sales tax returns http://www.dor.state.nc.us/downloads/sales.html

6)      Run a separate bank account in the name of your DBA and using your Tax EIN for business. No commingling.

7)      Quarterly Taxes:

1.      NC – http://www.dor.state.nc.us/downloads/individual.html

2.      Fed/IRS- http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estimated-Taxes

I recommend keeping a new, separate bank account to hold your tax withholdings for quarterly estimated taxes to State & Feds. So if you make $30,000 in a quarter, put your percentage of fed and state tax rate into that account. Use the account to pay quarterly tax estimates on time. That way you don’t overspend and get in a bind on quarterly tax payment deadlines.

 

If you are concerned about protecting personal liability, consider forming a corporate entity. Sanders Law Firm, PLLC can incorporate/organize your business starting at $350.00 plus Secretary of State fees.

 

If you have employees or intend, you will have a lot of other forms to fill out. Sanders Law Firm PLLC uses a payroll company to make life easier.

 

If you need tax advice to determine the most advantageous method to minimize your tax burden, contact a CPA.

 

 

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