kirksanderslaw's blog

Attachment Proceedings in North Carolina (Attorney)

What is an attachment proceeding? It’s used when a defendant (or defendant to be) is in breach of an agreement AND is going to leave the State of North Carolina with assets.

Attachment is an ancillary proceeding to grab (or attach) property before it leaves the state or gets concealed.

Sanders Law Firm PLLC merges with Hendrick Bryant Nerhood & Otis

Kirk Sanders of Sanders Law Firm PLLC & Hendrick Bryant Nerhood Sanders & Otis are pleased to announce that W. Kirk Sanders has joined the firm Hendrick Bryant Nerhood Sanders & Otis effective January 1, 2015.

Kirk's new office is: 723 Coliseum Dr., Winston-Salem, NC 27106

Telephone: 336-723-7200

http://www.hendricklawfirm.com

One of the Top Stories Lawyers Weekly: Northern Beltway Condemnation Attorney in NC

Matthew Bryant, the chair for the condemnation committee of Hendrick Bryant Nerhood Sanders & Otis, made the "Most Notable Stories" in NC Lawyers Weekly for the lawsuit on behalf of property owners trapped by the N.C. DOT's Map Act. The Map Act has prevented property owners in the roadway corridor from selling their property for almost 20 years. 

If you're affected by the Map Act, Call Matthew Bryant or Kirk Sanders at 336-723-7200 to become one of the Beltway Lawsuits. Condemnation Attorney NC

Undue Influence: Grounds for Contesting a Will

One of the claims to contest a will is Undue Influence. The WillCaveat.com post link below discusses the Undue Influence challenge as grounds for contesting a will.

North Carolina courts defines Undue Influence as the fraudulent influence over the mind and will of another to the extent that the professed action is not freely done but is in truth the act of the one who procures the result.

The law requires that in order to state a prima facie case on the issue of undue influence, a caveator must prove the existence of 4 factors:

Attorney Referral fee for North Carolina Cases

Recently, Kirk Sanders of Sanders Law Firm PLLC had the pleasure of delivering an $80,000.00 attorney fee to co-counsel in a Power of Attorney Abuse case. 

Kirk Sanders welcomes attorney referrals & strives to keep the referring attorney/co-counsel up to date and informed of developments in the case.

Building a Home & Picking a Contractor

Building a house or doing addition work is one of the largest single investments a person can make in their lifetime. It's the time for you to do research. Know how much you are willing to spend, how much you can afford, make sure you have the plans in mind for your construction, and know which contractor to pick.

1) Determine how much you can spend. Realize that in all projects, there will be surprise expenses & change orders. Build a buffer into your price.

Human Resource Consultant for Small Businesses

Are you good at what your business does but get bogged down with administrative matters?

PROBLEM: Do you have time to keep up with regulations for employees & benefits?

THINK: Workers Compensation premiums & audits, handbooks, employees vs. independent contractors, payroll issues, employee benefits, recruiting, hiring, grievances, orientation, training.. . It can get overwhelming and an administrative time suck.

But you don’t want to have to add another employee to payroll.

Disharging a Firearm in NC & NC Hunting Rules

In my quest to locate hunting laws and firearms laws in North Carolina for my personal use, I’ve come up with the following. Please note, it is not exhaustive. Please make sure these rules are up to date. Rules and regulations change.

Depending on where you are hunting of discharging weapons, any questions of extra regulations should be asked of your local Zoning Department & Sheriff in that County or municipality.

TRO’s-Temporary Restraining Order- Litigation Attorney NC

Recently, in a power of attorney abuse case, Sanders Law Firm PLLC obtained a temporary restraining order (TRO) against the alleged defendants. In this situation, the TRO, signed by the Superior Court Judge in NC, orders the Sheriff to seize and/or secure assets involved in the litigation. A bond was filed in the matter.

To get the TRO we had to show clearly from affidavits and/or a verified complaint that immediate and irreparable injury, loss or damage would result if not ordered against the adverse party.

Gap Insurance for automobile? (Personal Injury Attorney NC)

Gap Insurance is a policy rider you can get when you apply for insurance on a vehicle. If you have a loan on your automobile it's a good idea. Especially if you're involved in a motor vehicle wreck.

For instance, you buy a $20,000 and put $1,000 down. You borrow $19,000. If you're in a wreck later the property value of your vehicle may be less than your loan. In that case, the insurance company of the at fault driver would only pay the value, leaving the car wreck owner owing the lender the difference. 

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