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

The Triad Lawyer

Author Archives: TriadLawyer

Post Judgment Collection: 1-352 Examination of Debtor in Stokes Co.

10 Wednesday Oct 2012

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Forsyth County Post Judgment Collection, Winston-Salem Collection Attorney

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Had a client come to see me about collecting on a judgment. He had an order from the court for the judgment debtors to return specific commercial equipment to him.

However, the debtors are concealing the equipment from the creditor. Sheriff can’t find it. Sheriff turns in the writ of execution unserved. He turns to me.

I got a NCGS 1-352 Examination of the Debtor in court today. We grilled the debtor on the whereabouts. Because the procedure is not used often, the Court was instructed by me on its powers, including power to arrest the debtor if they keep concealing the property. Several of the attorneys in the courtroom approached me later and said they had never seen this kind of hearing.

Getting a judgment for a client is Step One. Actually collecting on a judgment is the Second Step and equally important.

Tree Cutter Recommendation: Tarheel Tree 336-749-5197

09 Tuesday Oct 2012

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Lewisville Tree trimmer, Winston-Salem Tree Cutting

If you are looking to have trees cut, trees & tall bushes trimmed call:

Tarheel Tree Service, Inc. 336-749-5197 (James Redmon)

 

He has cut tree at my house and my rent houses. We’ve been pleased.

I got his name when James Redmon cut a 150+ year old oak tree hanging over my neighbors house. That tree was a monster.

Reasonable prices.

He’s bonded.

 

Always ask your tree cutter to show his bond before entering a contract.

Probating Out-of-county or out-of-state Estates to convey Real Property in North Carolina

01 Monday Oct 2012

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Forsyth County Estate Attorney, NC Will caveat attorney, sanders law firm

ISSUE: What do you need to do if there is an estate in one county or state and real property held by the decedent in another county?

In the event a person is administering an estate in one county where the decedent died, but the decedent held property in his/her name in another county, one needs to consider an ancillary proceeding in the county or counties where the real property is located. This is necessary for title to pass to the beneficiaries in the estate.

Clerk of Superior Court enters the order of probate, the title to real estate devised in the will passes (and relates back to the death of the testator NCGS 28A-15-2(b)).  The probated will thereafter constitutes a link in the chain of title.

Pursuant to NCGS 28A-2A-17 (formerly NCGS 31-27), (1) a certified copy of the foreign will and the relevant probate proceeding may be presented to the Clerk of Superior Court in the county where the decedent owned real property. Then (2) the Clerk of Superior Court enters the order of probate, the title to real estate devised in the will passes (and relates back to the death of the testator NCGS 28A-15-2(b)).  The probated will thereafter constitutes a link in the chain of title.

It’s a two step process so that the administrator of the estate not only files the certified copy of the will but gets the Clerk of that county where the real property is located to enter an order of probate.

If the order is not entered then it extends the life where someone could file a caveat concerning that real property. This happened where an out of state will was filed in the county where the real property was located, but no Order of Probate was entered.

Probate (proh-bayt), n. 1. The judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court.

– Blacks Law  Dictionary, 7th Edition

 

 

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Call Kirk Sanders at 336-724-4707 to discuss your legal matter.

9/28-9/30/12–Euroclassica Car Show, Rally, Casino Night, & VIR drive

27 Thursday Sep 2012

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Car Show in Old Salem, Euroclassica, Triad Lawyer

This weekend there is a great car show with plenty of varieties of cars. Last year was a great turnout, weather, and all hosted in Old Salem (the eighteenth century village in Winston-Salem). There's a rally on Friday, car show Saturday morning, Casino Night (need tickets), and a Sunday drive to VIR (Virginia International Raceway). For More details Go to: http://www.euroclassica.zoomshare.com/

Balkanization of the college degree: ghost writing & loss of critical thinking education

22 Saturday Sep 2012

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ghost writing papers, sanders law firm

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I read a disturbing book review regarding A Man for All Semesters by Dave Tomar. Mr. Tomar writes college & masters papers, even dissertations for students. His income was $66,000 in 2010.

The college and university students hire him to research and write the entire papers. Why should anyone go to college if they’re not going to learn? I thought that was the purpose. This only supports my personal opinion that a large percentage of college students should not even go to college.

But you know what, they basically just want the certificate that says “I’m a college graduate”.

Mr. Tomar is not alone. There are websites such as rushessay.com and college-paper.org that blatantly advertise they will due custom essays for ‘student’ clients. And guess what, some parents support this. Mr. Tomar calls them ‘cockpit parents’ that actually underwrite and support their children’s laziness and ineptitude.

A former Emory University president, William Chace, wrote an essay on the normalization of cheating in academics and stated there is a “suspicion that students are studying less, reading less, and learning less all the time.” The review in the Wall Street Journal states the numbers support this. Economists Philip Babcock & Mindy Marks in 2010 reported that the average full time college student studies 27 hours a week vs. 40 hours in 1961, a drop of one third.

The article continues that most universities are challenged to maintain minimal standards of technical training and assessment. Historically, the goals of universities were to mold student character.

Also alarming, the 2011 book Academically Adrift found on a national sampling that 1/3 of college students demonstrated “no significant progress on tests of critical thinking, complex reasoning and writing” after 4 years of college. Think about this, the less people able to make deeper decisions, the less inventive and effective a work force and nation.

Thus, the children subcontract their work, notably paper writing.

Colleges & universities should be alarmed by this practice.

My personal opinion of the ideal school: one that doesn’t water down it’s student body for the purposes of maintaining enrollment and ever increasing costs of tuition, has no NCAA  Division 1 sports programs (think of University of Chicago terminating its football program in the 1930’s). University of Chicago de-emphasized sports in 1935. It’s now a division III. It is a well respected research institution.

Colleges & Universities: You’re a school not a semi-pro sports program.

I often wonder if parents spent as much money on academic pursuits for their children as they do on children’s sporting ventures, how amazing and additionally gifted would our children be? What if there were more competitions, with monetary rewards, for the best scientific discovery, philosophic thought, writings, artistic performance for our students rather than lucrative professional sports contracts?

It’s all about our goals and our focus.

Am I off base?

Kirk Sanders

Why don’t you get richer & have better retirement? Asks Joe America (Part I in series)

10 Monday Sep 2012

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estate planning budget, sanders law firm, Triad Lawyer

Ever wonder why you just can’t seem to save more?

“Save More?” you exclaim “I don’t save, in fact each month I think I get poorer.”

I’ve noticed as a lawyer over the last 15 and some years of practicing that the population as a whole is getting poorer. I know I’m not the only one, it’s been reported in papers. But I’ve seen it practicing law when people can’t afford to litigate a case they should litigate. I saw it back when I did bankruptcy cases also.

I’ve looked at why my family doesn’t save more too.

A big reason, in my opinion, is all the incidental expenses we tack on to our budget.

For instance, twenty years ago we didn’t have:

1)      $150-250 cell phone bills each month.

2)      $150-200 bills for internet & cable/dish/directv. I looked at a flat screen Saturday. The price wasn’t so bad, then I realized I’d have to upgrade from basic cable. I walked away.

3)      Credit Cards: On top of the above, twenty years ago it wasn’t quite as prevalent for people to defer payments on a credit card. A credit card was a charge then pay the bill at the end of the month. Now people run balances at interest rates that make loan sharks salivate. You know if you pay the minimum, you’ll never pay off the credit card balance. Practice Point: keep really low credit limits ($1000 or $2000) & pay the sucker off every month, on time.

Every month, $300-500 goes to just maintaining the 3 expenses I described above. And what do you get at the end of the day? Another bill for next month

Meantime, my goal is to increase retirement funding and brokerage accounts. I’m taking a hard look at what I need.

My question for you: do you really need that smart phone? digital cable? LeBron James Shoes?

Next blog in series: Do you really need to get a new/newer automobile?

 

W. Kirk Sanders, Attorney

Sanders Law Firm, PLLC

326 N. Spring Street

Winston-Salem, NC 27101

Telephone:  (336)724-4707

Facsimile:  (336)724-2077

www.kirksanderslaw.com

 

 

Husk Restaurant’s parent company to pay $1.1 million for DWI wrongful death by assistant manager

06 Monday Aug 2012

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husk wrongful death settlement, wrongful death attorney nc

CHARLESTON, S.C. – The assistant manger left HUSK restaurant last December and rear-ended a car being driven by a 32 year old man named Quentin Miller on the Ravenel Bridge. The deceased died in a fiery wreck. The assistant manager’s blood alcohol level was 0.24 percent. That’s 3 times the legal limit.

Per the Post and Courier of Charleston reports ( http://bit.ly/PXZNVv) the settlement whereby Husk pays the estate will be distributed as follows: Miller's parents to get $518,000, Miller's common-law wife to get $91,500 & the remaining $490,000 to go to attorneys' fees and costs.

Nonetheless, a 32 year old man lost his life due to the irresponsibility of this drunk driver who was three times the legal limit.

W. Kirk Sanders, Attorney

Sanders Law Firm, PLLC

326 N. Spring Street

Winston-Salem, NC 27101

Telephone:  (336)724-4707

Facsimile:  (336)724-2077

www.kirksanderslaw.com

News Release: Sanders Law Firm PLLC obtains $86,174 Judgment against business

31 Tuesday Jul 2012

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NC collection attorney Sanders, NC judgment lawyer

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Sanders Law Firm represented a commercial landlord in case to obtain judgment against commercial tenant.

Order for $86,174.00 awarded in court in July in Forsyth County Superior Court pursuant to Motion for Default Judgment.

Says the attorney: “Now that we have a judgment, we are in a position to negotiate with secured creditors if the business is able to be sold.”

Meantime, the law firm will pursue a payment plan with the business.

Call Sanders Law Firm, PLLC (336) 724-4707 to discuss your collection case in North Carolina.

1962 MGB Sold (Winston-Salem, NC)

31 Tuesday Jul 2012

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early MGB, MGB for sale, MGB with hardtop for sale

1962 MGB, early, pull handle. chrome bumper, wire wheels. recent paint job, carpet, metal work. It’s a very good looking, solid car. Drives fantastic. 100% complete car. 1962 was the first year the MGB was made. Rare. I have Heritage Certificate. Chassis 4442 (body 4103).
New Floor pans, new windshield, new rocker panels and inner seals. Replaced carpet. New muffler. Had Carborators rebuilt in Summer ’11. The body work is excellent. 

Soft top & Hardtop.  Hardtop sold separately for $1500.

This car runs great. I’ve logged 300 miles on the highway in one day with ease in the last few months. Handles fantastic. This is my second MGB & 3rd MG. I’ve owned it for 7 or 8 years. I’m selling because I bought an Austin-Healey 3000. This car is turn key ready. 

Thank you for inquiries. the car sold in November.

Call Kirk at (336) 251-9557 

 

 

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Winston-Salem Police Department Accident Reports On-line-Attorney

25 Wednesday Jul 2012

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accident attorney winston-salem

If you need an accident report completed by the Winston-Salem Police Department, then go to this page:

http://www.cityofws.org/Home/Departments/Police/AccidentReports/Articles/AccidentReports

Follow the instructions and you should be able to pull your accident report.

Once you’re signed in, I click on the 4th icon down on left hand bar, then click edit.

If you’ve been injured in an accident and need an attorney to represent you in your recovery against the negligent driver, then CALL Kirk Sanders at (336) 768-1515

Remember: the insurance adjuster may seem nice, but they are really trying to figure out how little they can pay you.

Sanders Law Firm, PLLC

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