North Carolina Business Law Questions & Answers
Q: Started a renovation with no contract just invoice and H/O is suing me for taking too Long DOC NOT SPECIFIED IN INVOICE
I am a corporation and got half the money up front for special order materials. I got the material started the job, delays/issues happened worh other jobs, weather, help not showing etc long story short verbally had agreed with H/O that job would be complete by xyz date and it wasn't so they fired... Read more »
Go to the small claims court and present your case.
Q: If I own a company (S corp) and we owe $18000 in loans/card debt what happens to the balance when we close the company?
I own an S Corp, we close the office last fall due to lack or work. We have not been able to get it going again and we owe 8k in cards and around 15k on a loan. If we file chapter 7 does the debt the company owed then comes to me, or is it gone with the failed company? As of right now I dont see... Read more »
Unless you signed as a personal obligation on the nite, the debt stays with the s Corp.
Q: How much does it cost to have a lawyer help me file a complaint for $2000 for a professional service done poorly?
Your question remains open for four weeks and it's a tough one for an attorney to give you a ballpark figure based on the limited facts here. A North Carolina attorney would likely want to discuss the matter with you in greater detail to determine what happened before they discuss attorney fees... Read more »
Q: Do you know anything about service agreements?
Service agreements tend to be specific to a given matter. They often address the working relationship between the parties involved. They can outline specific duties, conditions, payment terms, etc. A place to start could be to contact a North Carolina attorney to discuss such an agreement.... Read more »
Q: What kind of lawyer can a massage therapist go to to create a liability waiver for free information sessions?
Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... Read more »
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
Q: I need a list of law code I can use in a class trial about who was guilty, what are some basic codes of law I can call?
You’re talking about “who was guilty,” so it sounds like your project involves criminal law. You could look at your state’s penal codes for starters.
Tim Akpinar
Q: If I offer a laboratory testing service for supplments will I be liable for injury as a result of inaccurate reports
You have exposure. That's why you should have adequate insurance.
Q: Can I file a suit against a business for unfair treatment?
Only if you have a legal claim.
Q: Non Compete Agreements are they enforcable in NC
Competitor want to hire me at a 12% increase in salary. Company I work for now will not match. We service some of the same customers but in differant capacities. Is the non compete enforcable?
Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.
Q: Can a bar or nightclub serving alcohol report over the mic the locations of all license checks occurring in the area?
Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.
BUT, that doesn't mean there couldn't be some other "comeuppance."
If the ABC permitted business provides that information, knowing it is over-serving its patrons or otherwise... Read more »
Q: No contract with employer can he block me from doing business with a company after I leave his company?
I'm about to get my electrical license and want to do business with the same company as my present employer
Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).
My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.
1- At the same time, my gf & her ex-husband jointly owned a different property. They'd kept the... Read more »
It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for... Read more »
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
Judge granted for judgement of possession (ruled in our) favor but tenant filed for bankruptcy on the 10th day (last day to appeal). Can I still file for a writ of of possession to remove from the property? (I know bankruptcy creates automatic stay but he filed after the judges ruling but before... Read more »
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
Q: I ordered 100 gallons of propane gas to be delivered. The gas company delivered 283 gallons. What are my obligations ?
It sounds like you've received valuable property by mistake that does not belong to you. At a minimum, you likely at least have an obligation not to use that fuel. If they request to retrieve it, then you probably need to let them do so. For absolute certainty on these questions, you should... Read more »
Q: how can you preclude acceptance to just the terms of the offer?
I'm afraid this question is a little too vague for you to receive any helpful answers on this site. I recommend contacting a local lawyer who is skilled in drafting and interpreting contracts to provide you with an answer.
Q: I own a small sole-proprietor business. I allowed my daughter to be a signatory on the account because she is a CPA.
This week she went to the bank and embezzled all the money in the account. What recourse do I have?
Against the bank, it's doubtful you'll have any recourse. I've reviewed checking account contracts before, and they are massive and buttoned up tight! Still, it cannot hurt to have a commercial attorney provide direct service to you and weigh in.
Against your daughter, you probably have a... Read more »
Q: If I start my own business, can the company that I work for now block me from getting contacts with the Contractor?
Can my boss call the General Contractor and tell him not to award me any bids?
It depends. For one thing, if you plan to continue working for your boss while you start the new business that competes with him, this could be risky. Further, if you have a contract with your boss that contains a non-compete provision or non-solicitation provision, this could also pose a... Read more »
Q: I am starting multiple companies at the same time. Do I need to incorporate each or can the be held as subsides ?
It depends and an attorney would probably need additional information before being able to answer this question. I suggest speaking to an accountant to understand the tax issues first and then speak to an attorney.
Q: Resigned from job, returned equipment and was given incorrect address, the job wants me to pay again for their mistake.
I resigned from my job and returned their equipment. I fulfilled my obligation and was given the incorrect mailing address (zip code). I called several times with the carrier to correct the mistake and I also informed the manager with a screenshot of the info I was given. They apologized for giving... Read more »
This actually is not an employment law question. This is simply a matter of having property that does not belong to you that needs to be return. In general, yes, they can expect you to return their property regardless of the cost or the reason for an additional cost. I recommend you speak to... Read more »
Q: Do I have rights to my dead father's storage building, if someone else is on the lease?
If you mean a rental storage unit then you may have rights to the contents if they were his and left to you in a will or otherwise inherited. If you mean it was his storage building but is currently leased to someone, then you would have to negotiate with the leaseholder or wait until the lease... Read more »
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