Blog

Wednesday, January 25, 2017

Decision On An Arbitration Provision In A Contract

Attorney Jason McGrath some items to consider when deciding to include an arbitration provision in a contract matter in this short video.

https://youtu.be/rOPNhRSSLVE

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


  • Arbitration: do you prefer arbitration or a formal court case if there is a dispute?

  • The intent of an arbitration provision in a contract is to avoid a formal court case.

  • Arbitration provisions are, in general, enforceable and typically will be binding in the same way that a civil court judgment can be enforced.

  • There are ways to appeal an arbitration decision but they are limited.

  • Arbitration is usually less expensive than a formal court case.



You should talk to an attorney for advice when considering including an arbitration provision to your business 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.

provision

Save

Save

Sunday, January 22, 2017

Necessary Knowledge: January Edition

January



Necessary Knowledge: January Edition



McGrath & Spielberger, PLLC publishes a newsletter periodically where we share relevant blog posts and firm news. Our latest newsletter was published recently at no cost to subscribers. The January newsletter was all about our partners Jason McGrath and James Spielberger.

In order to introduce them to you all we showcased a bit of personal information about them both in January. They also contribute a lot of knowledge on our bog. You can find a list of Jason's blog posts and Jim's blog posts on our website.

Jim is currently writing a series of blog posts about your New LLC and some tips for managing it's legal needs. Jason is currently doing a series of video blogs on Contract Law and Arbitration.

You can become a subscriber before our next newsletter publishes - it's free!



Save

Save

Save

Wednesday, January 18, 2017

Cleveland County North Carolina Lender Petition Hearing

cleveland

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 lender 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: CarFinance Capital, LLC

Prosecuting Agency: Cleveland County District Attorney

Property Location: Shelby, Cleveland County, North Carolina

Property Type: Vehicle, 2015 Mitsubishi Mirage

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

Hearing Date: December 8, 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 lender client.

Hearing Outcome: Mr. Peindl successfully obtained a certified Order to return the seized vehicle to the Lender/Lienholder. After which, Mr. Peindl ate some of the state’s finest barbecue at Red Bridges in Shelby.

Save

Save

Thursday, January 5, 2017

Foreclosure Hearing - June - Wells Fargo Bank - Charlotte, NC

June

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



Mortgage Loan Servicer / Foreclosing Bank: Wells Fargo Bank, N.A.

Prosecuting Trustee / Law Firm: Trustee Services of Carolina, LLC and Brock & Scott, PLLC

Property Location: Charlotte, Mecklenburg County, North Carolina

Property Type: Primary residence

Borrower’s Attorney: Jason A. McGrath, Esq.

Hearing Date: June 2015

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Foreclosure Hearing: Mr. McGrath attended the foreclosure hearing with the client and argued a Motion to Continue to the court in order to help client avoid foreclosure.

Foreclosure Hearing Outcome: Mr. McGrath successfully moved to continue the hearing; foreclosure avoided.
Save

Save

Monday, January 2, 2017

Necessary Knowledge: December Edition

December



Necessary Knowledge: December Edition



McGrath & Spielberger, PLLC publishes a newsletter periodically where we share relevant blog posts and firm news. Our latest newsletter was published recently at no cost to subscribers. Here's a list of what we included in the latest installment of our "Necessary Knowledge" as a free service to our clients and subscribers.

How Do You Expand Your Company into North Carolina from Another State? by Jason McGrath, Esq.

Your New LLC: Transacting Business In Another State by James Spielberger, Esq.

How Do You Choose The Arbitrator in an Arbitration? by Jason McGrath, Esq.

You can become a subscriber before our next newsletter publishes - it's free!



Save

Save

Save