Our Small Business and Contract Law experts draft, analyze and review personal contracts, commercial agreements and employer-employee documents. The documents include, but are not limited to, the following: promissory notes, bill of sale, non-compete agreements, employee conduct agreement, confidentiality forms, settlement agreements, e-mail policy, articles of incorporation and organization, membership agreement, partnership agreement, amendments and addendum to name a few.
We can represent in you Small Claims, District, and Family Court.
We collect on either a hourly rate, by contingency or a combination of both. On contingency cases, our attorney’s fees may start as low as 30% of the total amount owed plus costs and expenses.
In North Carolina, attorney fees, in whole or part, are recoverable in a limited number of circumstances. Your contract should contain an attorney fee and cost recovery provisions in the event that you need to hire an attorney to collect the outstanding amount due. You also may want to add an interest provision to your contract for any outstanding debt due after a period of time. Litigation is often expensive and time consuming. At the very least you should be accruing interest on the outstanding balance owed, and have the possibility of recovering at least a portion of your attorney fees and costs. Please feel free to contact us to review your contract and to add these provisions to further protect your bottom line.
Small claims involves civil cases where a plaintiff’s amount in controversy is $10,000 or less. The relief sought in small claims court is usually money, breach of contract cases, the recovery of specific personal property, conversion or summary ejectment (eviction). A magistrate presides over Small Claims Court. There is no jury. In many cases, there are no lawyers.
Cost: $96 Filing fee plus a $30 sheriff service fee.
Limits: Claims up to $10,000.
Time: Hearing typically held between 45-60 days from filing.
Appeal: Either party may appeal a decision either in open court or within 10 days after the judgment is entered. Within 20 days after judgment is entered, a fee of $150 must be paid to the Clerk for appealing the case to District Court. Your appeal will be dismissed for failure to pay the fee within the time prescribed.
*You are now in District Court*
Arbitration: Upon a proper appeal, you case will automatically be assigned to arbitration pursuant to the North Carolina General Statutes and local Rules for Court-Ordered Arbitration. The time allotted for the entire hearing is one hour. Your claim may exceed $5,000 at arbitration. Traditional rules of evidence do not apply. The award is not binding.
Request for Trail De Novo: If you are unhappy with the Award, you may request for a trial de novo (a new trial). Your request must be filed with the Clerk within thirty (30) days after service of the Award. A fee of $150 must be accompanied with your request for a trial de novo.
District Court: Claims up to $25,000. Our retainers are generally $3,000-$5,000 depending on the particular facts. Attorney fees may be recoverable in certain cases.
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope,Cary, Rolesville, Fuquay-Varina, Holly Springs, andGarner.