Charlotte Attorney's Informative Blog

Maxwell Law Firm, PLLC is a full service law firm that offers services to businesses in North Carolina. We assist our clients with business start ups, contracts, business disputes (litigation), corporate tax issues, and the closing of a business and or the bankruptcy of a business.

Fees:

Our fees are reasonable and payment plans are available. We open a file and begin working on your file immediately after you meet with our Attorney.

Office Address:

Maxwell Law Firm, PLLC

1200 E. Morehead Street, ste 140

Charlotte, NC 28204

Contact us at 704-461-1883 or online to schedule your appointment. TELEPHONE CONSULTATIONS ARE AVAILABLE.

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WHAT IS A CONTRACT?

A contract is an exchange of mutual promises, where there is a “meeting of the minds” or agreement to specific terms.

WHEN ARE CONTRACTS ENFORCEABLE

Generally a contract upon agreement is enforceable, unless there is a law against the formation of the type of contract or there is a requirement that the contract be in writing.  In North Carolina the following contracts are required to be in writing and signed by the parties:

Executor of an estate  provision

Marriage

Sale of goods over $500.00

Surety or Guaranty

Transfer of Land or creates an interest in land

Contract’s performance will take longer than one year

ARE THEIR ANY WAYS I CAN GET OUT OF A CONTRACT

Yes there are several defenses available to the enforceability of a contract such as:

Minority –contracts entered into by minors;

illegality –contract is for an illegal purpose;

Fraud –there is some sort of deception during the formation of the contract;

Incapacity –the person who entered into the contract was not of good mental capacity to do so;

Impossibility /  Impracticability –the terms of the contract become impossible to perform by no fault of the promisor;

Unconscionability—the terms of the contract on it’s face are inherently unfair to one party; ect.

Bankruptcy –most contracts can be voided, avoided, or discharged in some forms of bankruptcy, particularly chapter 7 and chapter 13.

WHAT SHOULD I DO IF I AM IN A DISPUTE OVER A CONTRACT I HAVE ENTERED INTO?

Contact an Business Attorney immediately. Certain matters can be disputed amicably prior to litigation if handled accordingly. Ignoring a inherent issue will not cause it to go away. A Business Attorney can discuss with you the severity of the of the dispute, whether there has been a breach, what if any defenses you have.

Maxwell Law Firm, PLLC is a full service Law Firm located in North Carolina that offers: business start up services, business tax analysis and advice, drafting or revising of business contracts and agreements, assistance with filing business tax returns and tax collection defense, and help with business disputes and litigation. Save 25% off the legal fees by scheduling your appointment online.

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Posted by Traffic Attorney

The Mecklenburg County Trial Court Administrator and District Attorney’s Office estimate that in this county an average of 1,100 people attend the Administrative Traffic Court each day in Mecklenburg County.

Often times patrons pay the ticket off before opportunity to resolve certain traffic citations without having to make a court appearance.  By doing this you are pleading guilty.

It is true you do not have to appear in court. A qualified Traffic Attorney can attend court on your behalf and have that speeding ticket dismissed or reduced.

If you are looking for Traffic Attorney in Mecklenburg County Contact Maxwell Law Firm at 704-461-1883. We also have an office in Cabarrus County and handle traffic matters there as well.

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Speeding Ticket Topic #2 Failures to appear

by Charlotte Traffic Attorney

North Carolina law does require individuals to appear in Court when they receive speeding tickets or infractions. You can appear and try and fight it or pay the fines. Both of those choices may leave you with several points on your license and higher insurance rates.

If you make no appearance than that is called a failure to appear. It is never smart to not appear for a court. DMV will quickly suspend your license for failing to appear. Even if you have an out of state license the DMV there will quickly be aware that you have a failure to appear in north carolina and suspend your license there because of the shared information between state dmv offices these days.

To avoid all of these consequences, you can hire a traffic attorney can get your mandatory appearance waived thereby saving the client from having to appear in court.

If you are looking for a  Traffic Defense Attorney and or an Attorney to handle a speeding ticket in Mecklenburg or Cabarrus Counties Please Call Maxwell Law Firm, PLLC
at 704-461-1883 or contact us here

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DIVORCE, YOUR CREDIT, AND FINANCES

BY Maxwell Law Firm
The effect of Divorce on your finances and credit can be devastating.Even the most amicable divorce can leave you in financial ruin.

MARITAL DEBT

Marital debt is debt you acquire sometimes jointly, during the marriage. Even if your spouse accumulated some debt without your knowledge during the marriage, you may be held responsible for it after the divorce. More often than not the mortgage is a joint debt, so deeding it your spouse incident to the divorce will not sever your responsibility to the lender. Countless divorcees have found their credit ruined because their ex let their house go into foreclosure. Explaining to creditors that you are now divorced won’t make you any less responsible for a mortgage with your on it. The only way to have your name removed from a mortgage after a divorce is to refinance. Keep in mind, the spouse retaining of possession of the home may not be in a position to qualify to refinance the home. If the refinance does not happen, then both spouses will remain liable on the underlying mortgage loan.

Budgeting
If you are in the process of separating from your spouse and or a divorce, one thing you must do is budget. Depending on who will have custody of the children, things like child support and medical insurance have to be factored into your new budget.
Depending on financial stability of your spouse, spousal support or alimony also should be factored into your budget.
Generally your expenses increase in a Divorce, even if you are the spouse receiving the support. This is because you no longer sharing expenses and sometimes debts and or assets.

CREDIT & DIVORCE
Most financial experts will say that Once it is clear to you that divorce is imminent, you should cancel joint accounts and open new individual accounts. Start canceling all existing credit cards and get new ones in your name to ward off credit problems. However, thinking with my divorce attorney cap on I would say that may not be the smartest thing. In North Carolina an equal division of marital assets and debts called equitable distribution is a common thing. In accordance with Divorce Law, this requires you to make this division either before marriage (pre-marital agreement), or after separation (separation agreement), or in a court of law before a judge an Equitable Distribution Hearing. Most people will fall on the later categories and canceling accounts and liquidating other accounts could be seen as more of a negative thing than positive in Divorce Court. Consulting with an Attorney before you make any moves would be smartest thing to do.

WHY YOU SHOULD CONSULT WITH A DIVORCE LAWYER
A Divorce Attorney can sit down with you and let you know what types of things you need to be aware of and what kind of expenses you should expect incident to your divorce. A Divorce Attorney can also set you up with a plan of action for your divorce and the process. Depending on your financial situation, Bankruptcy maybe an option for both you and your spouse before or after you separate.

If you are looking for a  Divorce Attorney and or a Bankruptcy Attorney in
Charlotte or Concord North Carolina Area Please Call Maxwell Law Firm, PLLC
at 704-461-1883 or contact us here

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REASON # 5 Recent Loss of Employment

BY Maxwell Law Firm

Bankruptcy and job loss are never planned or expected. But in today’s economy a lot of people are having to file in order to save their assets and make sure they can at least take care of their basic needs.

Unemployment Insurance is helpful, it will not be enough to pay all of your expenses. Once you have drained your retirement and savings accounts, you will find it harder than ever to stay current on your bills.

You might already realize that losing your job right now may not be the best thing for your income and for your budget. You can prepare right now to handle bankruptcy and job loss. Bankruptcy is a protection provided to you by law so that you can have certain debts forgiven (discharged) so you have have a fresh start. Bankruptcy and job loss are becoming more frequent, so you don’t need to feel ashamed. Bankruptcy has the same impact on your credit as a foreclosure, but unlike foreclosure it can wipe away most debt and delinquencies on your credit profile. You will most likely be better off after you file for Bankruptcy (Credit score) and financially than before.

If you are looking for a  Foreclosure Defense Firm and or a Bankruptcy Attorney in
Charlotte or Concord North Carolina Area Please Call Maxwell Law Firm, PLLC
at 704-461-1883 or contact us here

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BY BANKRUPTCY

1. ELIMINATE LEGAL OBLIGATIONS—you can get out of contracts (cellphone, gym ect), return property, reduce your financial responsibility on certain debts.
2. STOP FORECLOSURE –once you file something called the automatic stay is triggered and that stops all creditors from collecting on debts owed or contacting you.
3. PREVENT REPOSSESSIONS—again the automatic stay stops creditors from acting including regaining possession and control over the property. During this period you can catch your payments up so that you can keep the property. Remember in a chapter 7, one of two things happen you can affirm property if you are current on it or you can surrender it if you do not intend to keep it and avoid repossession (an additional negative item). If you are not current the creditor, after the automatic stay, can then seek to recover the property as their only form of relief.
4. Eliminate High Medical Bills—medical bills are unsecure debts which can be completely discharged in bankruptcy.
5. Loss of Employment or Income –loss of income can affect your ability to pay your debts and stay current so this factor that is taken into account when determining your ability to file for chapter 7.
6. Stop Wage Garnishments—the automatic stay applies here to stop even IRS from garnishing your wages once you have filed and they have received notice.
7. Stop Collection Calls—the automatic stay applies to creditor calls, letters, or any action and is valid for up to thirty (30) days after filing.
8. Prevent Utilities from being turned off—same as number 7.
9. Relief from high student loan payments—although student loans can not be discharged unless you are severely mentally incapable of being able to work and pay them back (i.e. Jamie Foxx in the soloist) you can get the payments reduced once you file for bankruptcy.
10. Prevent creditor fraud—often times creditors tack on these usury or extremely high  
11.  ELIMINATE OR REDUCE TAX DEBT —tax debt that due more than three years ago where a return was return was filed within the last two years or more can be discharged.
12. REBUILDING CREDIT—you can eliminate several negative items with one bankruptcy, which will stay on your credit for 8-10 years but will enable you to rebuild your credit immediately.

Maxwell Law Firm, PLLC assists clients with Chapter 7 Bankruptcies in the Charlotte/Concord Metro Areas call 704-461-1883 for further information.

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Published on 22 April 2011 by Stan Shyshkin in Security News

Whatever ever happened to the good ol’ days where getting pulled over just meant you would get a speeding ticket, or if you’re lucky, just a warning? Well, if it’s up to the Michigan State Police, those days are not only long gone, but a speeding ticket is now reason enough to harvest all the information possible on you, including all of your e-mail, social networking, texting, personal photos, and virtually anything else you might have on your cell phone, or in many cases, your smartphone.

And no, we don’t mean that the police officers take your phone for a few minutes during the traffic stop to see if you were texting or surfing Facebook while driving. Instead, the officers use a device such as the CelleBrite UFED, which makes an exact copy of all of your phone’s data, and we do mean all data, including the deleted parts that even you don’t have access to anymore.

So how is this justifiable, or even legal? The American Civil Liberties Union (ACLU) is arguing that it isn’t, as would most people when it comes to handing over all of your digital data for a police officer to copy and go through on their own time.

And when asked to provide the type of information being stored and for what purpose, the police department replied that it would gladly hand over the information—for half a million dollars.

Outrageous? Yes. Legal? Well, the battle of whether cell phones are protected by the Fourth Amendment still rages on; but it appears that unless you are arrested, handing over your phone for a search is the same as agreeing to a search of a locked dashboard or trunk. You have the right refuse the search, but police officers usually trick you into consenting by wording the question in a way such as  ”Do you mind if we take a quick look at your phone?”

So the next time you get pulled over, make sure to pay careful attention to what the officers ask for, and keep your phone out of sight.

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POSTED: 1:34 pm MDT April 22, 2011
UPDATED: 4:58 pm MDT April 22, 2011

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ALBUQUERQUE, N.M. — The New Mexico Bankruptcy Court is working to make it easier for individuals to file for bankruptcy on their own, but some economists advise against filing that way.

Since the economic downturn in 2008, 7,000 to 12,000 New Mexicans have filed for Chapter 7 bankruptcy each year.

“Divorce, unemployment, medical bills are three huge causes of people to file for bankruptcy. So they file and what does bankruptcy do? It discharges their debts,” Norman Meyer, with the bankruptcy court, said.

Even though it’s a fresh financial start, it might not be the right move for everyone. Economists said it’s a big decision because it will pretty much ruin your credit for 10 years.

“The implications for you and your credit and your future are fairly significant these days because the bankruptcy rules have really tightened up. So if you don’t have to, it’s a good idea not to,” economist Howard Kraye said.

Still, some have no other choice and filing for bankruptcy by oneself is not an easy process.

“They’re at a loss of how to do it. They’re not legally trained, so we’ve been giving them sort of not very good support in the past. So we decided we need to do a better job,” Meyer said.

New Mexico’s bankruptcy court is making changes. They’re launching a new online program later in 2011 that gives step-by-step directions on filing bankruptcy. The court will also open a special area to offer one-on-one help.

The bankruptcy court always advises people to file with an attorney.

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by speeding tickets

Are you scared that your insurance will increase?

Do you fear the number of points on your license affecting your record ?

Did you know that even if you have 0 zero points that one speeding ticket could suspend your license?

Are you trying to get your license back? Have numbers speeding tickets and it does seem like you will ever be able to lawfully drive again?

Where you charged with a moving violation?

Do you want to avoid  taking a driver’s course  to reduce the points on your license?

Our firm deals with these issues and many more

Call is today at 704-461-1883 to get further information on our rates. 

You can view our current special here http://maxwelllegal.com/TRAFFIC%20TICKET%20SPECIAL.jpg

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