Blog

Tuesday, December 13, 2016

Follow the Contract's Arbitration Clause or File a Lawsuit?

Attorney Jason McGrath explains some things to consider when considering whether to follow a contract's arbitration clause or file a lawsuit in this short video.

https://youtu.be/_aLlrngcKkY

Here are some of the key points contained in the video:


  • How do you end up in arbitration vs. in court?

  • Typically, someone has to decide - do we follow the arbitration clause or just file a lawsuit?

  • Parties usually just file a formal lawsuit as if there is no arbitration clause.

  • There can be some negatives to ignoring the arbitration clause.



You should have your attorney take a look at the contract and then make a careful decision on how to proceed based on a through legal analysis of your case and the contract.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

lawsuit

Save

Save

Monday, December 12, 2016

Lienholder's / Lender Petition Hearing to Obtain Vehicle

lender

Lienholder's / Lender Petition Hearing to Obtain Vehicle



The following is a summary of a leinholder's petition hearing to obtain a vehicle seized by police that McGrath & Spielberger assisted a client with, and is provided for informational purposes only. Each case, each client, each situation is different, and each matter may have a different outcome.

Lender/Lienholder Bank: Santander Consumer USA, Inc.

Prosecuting Agency: Mecklenburg County District Attorney

Property Location: Charlotte, Mecklenburg County, North Carolina

Property Type: Vehicle, 2011 Nissan Altima

Lienholder’s Attorney: Lee A. Peindl, Esq.

Hearing Date: November 18, 2016

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Lienholder’s Petition Hearing: Mr. Peindl attended the hearing on behalf of the client and argued a Petition to Return Seized Vehicle to the court in order to return the collateral to the client.

Hearing Outcome: Mr. Peindl successfully obtained a certified Order to return the seized vehicle to the Lender/Lienholder.

 

Save

Save

Save

Thursday, December 8, 2016

Hearing on Partition of Real Property and Result

Result

Hearing on Partition of Real Property & Result



The following is a summary of a hearing on Partition of Real Property that McGrath & Spielberger assisted a client with, and is provided for informational purposes only. Each case, each client, each situation is different, and each matter may have a different outcome.

Basic Facts. The Petitioner is trying to force a sale of the real property at issue so she can receive a portion of the sale proceeds.

Basics of the Applicable Law. The default setting in North Carolina law is that an owner of real property (even a minority owner) has a right to force a partition of that property, whether a partition in kind (physical division) or partition by sale (sell the property and divide the proceeds).

The Challenge. To not have the case follow the default setting (a partition being ordered).

Owner 1. The Respondent (Brother) who owns 11/12 of the real property, lives on the property with his family, takes care of the property, pays the taxes, etc.

Owner 2. The Petitioner (Sister), who owns 1/12 of the real property, does not reside there, does not contribute to the care of the property.

Property Location. Charlotte, Mecklenburg County, North Carolina

Property Type. Primary residence

Who McGrath & Spielberger Attorney Jason McGrath Represents. Owner 2, the Respondent

Hearing Date. November, 2016

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Partition Hearing. Mr. McGrath filed Motions to Dismiss and Objections to the Petition for Partition and attended the hearing with the Client. The strategy to oppose the Petition for Partition was not revealed to the other side until necessary at the hearing itself.

Partition Hearing Outcome. Mr. McGrath successfully prevented an Order for Partition from being entered. The case remains pending, as do our Motions to Dismiss.

 

Save

Save

Save

Save