03 Thursday May 2012
Posted in Uncategorized
A.G. Roy Cooper said he will vote Against the constitutional amendment. He pointed out potential legal problems with language. He called the proposal “unclear, unwise and unnecessary”.
The A.G. wrote a brief statement in opposition of the amendment and said that it will just create ‘significant amount of litigation’ for years to come.
Excerpts from Lawyers Weekly April 30, 2012 addition.
27 Friday Apr 2012
Posted in Uncategorized
Note sealant, not rust.
27 Friday Apr 2012
Posted in Uncategorized
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.
The holes in the frame were intended, not rust.
26 Thursday Apr 2012
Posted in Uncategorized
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 Kevin Altman 336-714-7734 to handle your evictions and landlord lawsuits.
23 Monday Apr 2012
Posted in Uncategorized
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.
19 Thursday Apr 2012
Posted in Uncategorized
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/
16 Monday Apr 2012
Posted in Uncategorized
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
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.
14 Saturday Apr 2012
Posted in Uncategorized
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.
We’ve been involved in a case where a maid stole gold and jewelry from
10 to 15 families over a period of time.
12 Thursday Apr 2012
Posted in Uncategorized
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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12 Thursday Apr 2012
Posted in Uncategorized
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.
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