Damon Duncan

How Do I Get A Copy of My North Carolina Tax Returns?

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[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”] [av_heading heading=’How Do I Get A Copy of My North Carolina Tax Returns?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading] [/av_section][av_textblock size=” font_color=” color=”] [youtube]http://www.youtube.com/watch?v=L4tooKW_gRM[/youtube] There are many times when you may … Read more

Is Emotional Distress From Being Robbed On the Job Covered by Workers’ Compensation?

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Emotional distress caused by being robbed on the job is covered under the Workers Compensation Act in North Carolina. Under North Carolina law, mental as well as physical injuries sustained on the job are a compensable injury.  The “injured worked” must provided evidence, usually medical evidence, he or she is unable to work due to … Read more

What Is Abandonment In Bankruptcy?

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Property that is surrendered or was not protected under the bankruptcy code exemptions is fair game for the bankruptcy Trustee.  Once a debtor has filed bankruptcy, his estate becomes that of the bankruptcy court and the bankruptcy Trustee. At that time, the Trustee determines if there is any value or potential value in any of … Read more

What Does “Bad Faith” Mean in Bankruptcy?

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As it sounds, this is not a term you care to associate yourself with if you can help it.  Bad faith refers to certain actions and circumstances that cover fraudulent bankruptcy filings.  In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was legislated to define and outline situations associated with bad faith bankruptcy filing. … Read more

What Is Discovery In A Lawsuit?

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A lawsuit is crafted of several different stages.  In the civil proceedings there are certain litigation paths that must be taken depending on the route of the case.  Discovery is in the pre-trail phase of a lawsuit and acts as the parties’ opportunity to gather information.

What is discovery in a lawsuit?

Upon the commencement of a civil action by filing a civil summons, the defendant is allowed to file an answer to the complaint, either admitting or denying allegations.

In response to the answer, the plaintiff’s lawyers then put together written questions known as “interrogatories,” which usually mark the beginning of the discovery phase in litigation.  These are a series of questions compiled by the plaintiff’s for the defendant to answer.  However, the defendant may also serve a set of interrogatories on the plaintiff(s).

In addition to interrogatories, the parties may request depositions. A deposition is an examination of a party or witness in a lawsuit. A deposition allow for each side to gather further information and allows opposing counsel the opportunity to know what a witness or party to a case may say at trial by allowing them to question or depose them.

Another tool in the discovery process are the requests for admissions. These are used to determine which issues or facts in a case are really in contention. If a party is willing to admit to something then it is not something that needs to be argued during a potential trial. Requests for admissions are done in writing.

This is just a brief synopsis of the different parts of discovery in a lawsuit. The important thing to remember is discovery is meant to gather or discover information so there are fewer surprises if a case does find its way to court.

What are Requests for Admissions?

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[youtube]http://www.youtube.com/watch?v=8XWkQTbjLJ4[/youtube] Requests for admissions occur during the discovery process within a lawsuit.  When you are sued you are given a “complaint” which tells the court what the person(s)/company did legally wrong. Example: Sunny Side Up Nursing Home did not provide proper care to John Doe as required by the NC state guidelines for standard care. … Read more

Is Post Traumatic Stress Disorder (PTSD) Covered by Workers’ Compensation?

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Yes! Post traumatic stress disorder (PTSD) is considered an occupational disease which is covered under the North Carolina Workers’ Compensation Act.The North Carolina Supreme Court has required three elements in order to prove that a injury is an “occupational disease” including PTSD.  They are as follows:

(1)  The disease must be characteristic of and peculiar to the claimant’s particular trade, occupation or employment;

Father Injured at Work with Daughter

(2)  the disease must not be an ordinary disease of life to which the public is equally exposed outside of the employment; and

(3)  there must be proof of causation (proof of a causal connection between the disease and the employment). However, the worker must prove that the mental illness or injury was due to stresses or conditions different from those borne by the general public.

A good example of a post traumatic stress disorder (PTSD) claim is as follows. A worker at a factory is working beside their co-worker.  An explosion takes place in the factory.  A sheet of metal is torn from the ceiling by the explosion and is hurled through the air striking the co-worker in the neck, decapitating the co-worker. The worker watches the head of the co-worker fall to the floor, killing the co-worker. The worker is now terrified from PTSD any time she is in a factory with other co-workers and hears any loud noise similar to an explosion.  This psychological trauma has been verified and diagnosed by competent physicians. We would all agree this meets the criteria for PTSD.

Another example of PTSD in the work setting is a bank tellar who is held at gunpoint during a bank robbery and now suffers from PTSD due to her fear of being robbed and held at gunpoint again.

To qualify for workers’ compensation benefits for a post traumatic stress disorder (PTSD) claim the “three elements” listed earlier must be met. In this event, a worker should be entitled to workers’ compensation benefits in North Carolina.

What Does It Mean If Debt is “Charged Off” On My Credit Report?

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One of the most frequent calls we get at our office is, “What does it mean when it says, “charge off”? Do I need to list this on my list of creditor’s?”  The answer is always “yes”!

Credit CardAs you are perfectly aware, once you owe a debt, the creditor will relentlessly try to collect the money that you owe them.  Although certain laws govern how far they can go trying to collect a debt, we know they will call, send letters, then call again; day after day!  After a certain amount of time (this will depend on the company policy and practices) after being unable to collect the debt the creditor is going to “charge off” your debt.  This is done primarily for their tax purposes; they are telling the IRS that they have just chalked it up that you have no intention of paying off that debt.  It’s a loss in their books for accounting purposes.

Does that mean that you no longer owe the debt?  No!  Just because they charged the debt off doesn’t wipe away the fact that you still owe that company money.  They can charge your account off and still attempt to collect the debt.  More likely, they can transfer or sell the debt to a collection agency for pennies on the dollar and the collection agency will then try to collect on the debt. There are companies that actually make a living off of buying “bad debt” and then trying to ruthlessly collect on that debt to make money.

Remember, a charge-off is really just used for “bookkeeping” purposes; it has nothing to do with the fact you still owe money.  If you are completing your bankruptcy, we strongly suggest you list all of your debts including those that state they have been “charged off”!
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