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

The Triad Lawyer

Category Archives: Uncategorized

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Mark Fetters also operating as Fetters Builders (contractor’s license was revoked).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

 

 

Injury to Temporary Staffing Employee Law Change

06 Wednesday Feb 2013

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Can Temp sue company where working in NC?; business lawyer in Winston-Salem NC, fiduciary litigation attorney in NC

Issue: Can an employee of a temporary staffing agency sue the company where he’s performing services for negligence?

General Rules: 1) The temporary employee is the employee of the staffing agency. 2) Workers compensation prevents suits against employers beyond the scope of Workers Comp claims (except Woodson claims involving willful and wanton behavior). 3) A temporary staffing employee is not treated as an employee of the firm/company where he is performing services.  This is usually in the contract between the temp company and the firm/company that uses the temp.

Facts in Gregory v. Pearson (appellate decision): Mr. Gregory worked for temp company. Gregory was assigned to work for Cleveland County’s Solid Waste Management. While there he was run over by Cleveland County truck due to negligence of the driver. The contract between staffing company and county was that Gregory wasn’t an employee of County. If not an employee of the county, then the county is a 3rd party that can be sued outside of workers compensation.

Holding: the Employee can sue the company/firm where he is assigned because he’s not an employee.*

Repercussions: Without this ability to have an agreement as to who bears responsibility for workers compensation & benefits, the company using the temp may have to incur the cost. This could eliminate the need for temporary agencies.

*This is an appellate decision and could be heard and overturned by the N.C. Supreme Court

 

How to Create a Strong Trademark, Trademark Attorney in Winston-Salem NC

23 Wednesday Jan 2013

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How to Create a Strong Trademark, sanders law firm charlotte nc, Tradmark Attorney in Winston-Salem NC

A trademark is a word, logo, sound, shape, color or any combination that distinguishes the goods or services of one party from another. The development of a strong trademark is a valuable business asset that promotes customer goodwill, increases customer satisfaction and improves sales.

The validity of a trademark is not established by the registration of the mark with the United States Patent and Trademark Office, but by the strength of the trademark and its use in commerce.  A strong trademark provides immediate protection of the mark upon its first use in commerce because these marks are presumed to be distinctive.

The strongest types of trademarks are “fanciful” trademarks, such as Kodak, Verizon, Xerox and Oreo, which often had no meaning prior their creation. These marks do not suggest or describe the identity of the product or service, and they are immediately protected once they are used in commerce.

“Arbitrary” trademarks include words that are unrelated to the class of the product or service that is being marketed, such Apple computers. These marks provide immediate protection upon the first use of the mark in commerce regardless of registration.

“Suggestive” trademarks suggest an attribute of the product without being an outright description.  Greyhound for a bus line, Coppertone for suntan lotion and Roach Motel for cockroach traps are suggestive trademarks.  Suggestive marks are also immediately valid and protectable once the mark is first used in commerce.

The weakest trademarks are “descriptive” and “generic” marks.  Descriptive trademarks simply identify a product’s attributes, such as Computerland. These types of marks are not provided immediate protection and cannot be registered with the United States Patent and Trademark Office because these marks are not inherently distinctive.  To merit protection, descriptive marks must acquire a secondary meaning, which means that, in the eyes of the public, the primary significance of the trademark is to identify the source of the product rather than the identification of the product itself. For example, both Kentucky Fried Chicken and Chap-stick were denied initial registration because these marks are merely descriptive; “Kentucky” is a geographical region and “fried” merely describes how the chicken is prepared.

“Generic” trademarks merely describe the product class, such as toothpaste, chocolate and bread, and cannot be protected.

Therefore, we encourage you to create a strong trademark, such as a fanciful, arbitrary or suggestive mark, which provides immediate protection for your product or service upon its first use in commerce.  We highly suggest that you avoid creating a descriptive or generic trademark.

Winston-Salem, Charlotte, Raleigh

4 Bay Garage/Shop for Rent at 6651 University Parkway, Winston-Salem

22 Tuesday Jan 2013

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auto repair shop for rent in Rural Hall NC, garage for rent in Winston-Salem

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For rent: $1900 per month.

6651 University Parkway, Winston-Salem, NC

One month security deposit required.

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