Wesley Jones

May 29, 2013 By Wesley Jones

Collection of Past Due Accounts

As a business operator, one of the challenges is how to handle customers who fail to pay for goods or services in a timely manner. As most savvy business owners are aware, it is a common practice for outstanding invoices to go unpaid for up to three months. It has been determined through several studies that bills delinquent by 3 months are ultimately paid off by the customer on an average of 75 percent. However, receivables that go unpaid for 6 months or more are less likely to be paid up in full. When collecting on past-due accounts, time is of the essence.

With that in mind, Wilmington Business Attorney Wesley Scott Jones has a few suggestions for alleviating the hassles and stress that collecting on past-due accounts can cause.

Give customers who pay their bills early an incentive, such as a small discount of 2 or 3 percent. For example, a 2 percent discount for a service that cost the customer $2500 would net them a $50 discount if they paid it off in 10 days rather than 30.
Be aware that most people receive their tax refunds within 20 days after filing. That means many of your customers may have extra cash to settle up with you starting in May and early June.
Establish a policy that charges extra when a bill remains unpaid after 30 days. Attorney Wes Jones can counsel you regarding the NC policies regarding usury statutes and federal regulations so you will not overstep any legal boundaries.
Make courtesy calls to delinquent customers. This is not a threat tactic, but a simple check-in to make sure that they were happy with the goods or services and that there are no extenuating circumstances preventing them from paying.
If it is obvious that the customer is simply trying to duck out of compensating you, appeal to their conscience. For example, you could gently remind them that you also have bills to pay and their failure to take care of this obligation is further complicating your financial situation.
When all else fails, employ a third party to make a phone call or personal visit regarding the nonpayment. Ideally, this individual would be on the firm, no-nonsense side and remind the customer that legal action may be the next step.
When these methods are unsuccessful, the next move should be in the form of a written request.

The carefully worded letter should open with an acknowledgement from you stating that you appreciate their business and hope that they have been pleased as a customer. Ask them to please excuse this request if payment has already been made. Then, gently explain that if no payment has been submitted, their account is past due. Be sure to include the amount and the date it was due. At this time ask if they plan and/or are able to pay the amount in full or would a partial payment be more suitable at this time? The logic here is to offer them a way to begin settling this issue in a more manageable way.

Next ask them to please notify you immediately if there is a reasonable explanation for their delinquency. Be sure to include all of your contact information, including a cell phone number and e-mail address. Then let them know that by a certain date, you will have no other choice than to turn the matter over to a collection attorney or take it to small claims court.

Reiterate to the customer that you deeply regret mentioning these choices, however, you feel that you have given them an ample amount of time to pay the invoice.

*Of course make copies of all the communications initiated by you and received by the customer, including e-mails and phone messages. From a legal standpoint, such hard copy documentation is valuable evidence.

If your company is having difficulties with past due accounts, why not meet with Attorney Wes Scott Jones? As an experienced business law attorney, Wes can discuss your concerns and guide you to the strategies that are right for your individual situation.

To contact the office of Wesley Scott Jones directly, please call 910-256-5800.

May 1, 2013 By Wesley Jones

Starting and Owning a Franchisee Business in Wilmington

For a small city, Wilmington, NC has an impressive number of franchise businesses. From fast food mainstays to upscale grocery stores, a variety of retailers and service companies, the Port City has proven a profitable location for such operations. Many prospective small business owners choose the franchise route because it usually simplifies the trial and error process and eliminates some of the headaches associated with business start-ups. Additionally, they have the added confidence due to the built-in support a corporate franchise headquarters can provide. However, many do not realize the pitfalls that owning a franchise may present.

As an attorney for the greater Wilmington, NC area, Wesly Scott Jones frequently works with small business and franchisee clients. Wes has walked down this road before and is aware of the legal complexities that owning or investing in a franchise can pose. Wes certainly acknowledges that each case is unique. However, when it comes to disputes within the realm of franchises and franchisees, there are several typical scenarios.

– Competition – Your franchise agreement should mention the limits on the number of franchises that may be established within a given geographical area. In setting yourself up for success, this is a very important detail to consider and confirm.

– Full disclosure from franchisor – As with all laws, this point can vary area by area. Most jurisdictions require franchisors to provide their franchisees with absolutely all of the material facts they know about the business. For example, unresolved legal issues, finances, insurance issues, or anything else that stands to impact the business. Omissions, misleading details, and misinformation, may be against the law and grounds for legal action.

– Breakdown in the support system – Many small business owners are attracted to franchises in the first place because of the promise they hold for ongoing support. All too often, that promised backup disappears after the final monetary obligation by the franchisee is resolved. Wes can review your franchise agreement and see if any violations have been made.

If you’re in the Wilmington area and thinking about starting a franchise, you should be aware of the many legal issues surrounding these types of businesses. Whether you’d like to review a proposal, have questions about an existing agreement or would just like to have a pair of experienced eyes look over whatever is already in place, we invite you to contact the Law Firm of Wesley Scott Jones.

For a free consultation, call 910-256-5800 or complete the form to the right.

April 15, 2013 By Wesley Jones

Breach of Contract

Along with the goods and services a business provides to its customers, its success and reputation are also built on the strength of its contracts. In business, agreements can be verbal or in writing. Regardless of their format, each type should be honored.

When one or more of the parties involved does not honor a contractual binding agreement or arranged exchange, a breach of contract occurs. This also applies to situations when one party’s performance is met with interference or one party indicates to the other that the agreed-upon promise will not be fulfilled. One’s behavior and conduct can also be an indicator of their inability or unwillingness to honor the established agreement. Legal action may be the next step.

In breach of contract cases, Attorney Wesley Scott Jones believes investigating all of the mitigating circumstances involved in the dispute is key in arriving to a positive outcome for his clients. Based on his direct experience with contract law, Wes knows that simply denying wrongdoing is not enough. Jones is also keenly aware as a defense attorney who represents those in the construction and real estate industry, that taking quick action is vital in the development of a strong argument.

With questions concerning contractual dealings, there are an infinite number of situational factors that can come into play. A few typical examples are:

The contract contains terms that are unclear.
The agreement was supposed to have been in writing but all or portions of it, are not.
There are clerical errors in the contract that can impact its validity and outcome.
One party was coerced into signing the agreement, under circumstances such as intimidation or false information.
In order to fulfill the contract, illegal activity would have to occur.

In matters that concern business, construction, or real estate in the greater Wilmington area, Wes Jones has demonstrated extensive experience. If you are in danger of being charged with breach of contract, please call the office of Wesley Scott Jones at 910-256-5600.

Learn more about his practice and the other types of cases he handles here: wsjlaw.com/practice-areas-and-services

The office is located in Lumina Station, just before the Wrightsville Beach drawbridge. The address is 1904 Eastwood Avenue, Suite 30. To make an appointment or get more information on the services Attorney Wes Jones provides, please contact Wes Jones today.

April 8, 2013 By Wesley Jones

Defective Workmanship or Design

As builders in New Hanover County continue to see increased activity on the construction front, those in the industry can also expect to see more potential lawsuits alleging defective design and workmanship. Local attorney, Wes Jones is skilled in addressing this area of construction claim. Since 1994, Wes has represented Wilmington, NC clients in the construction and real estate business, including architects, developers, designers, general contractors, subcontractors, and material manufacturers.

In considering counsel by Attorney Jones, consider that he has extensive experience in working with insurers, multiple parties, individual homeowners, and community associations. Wes has handled numerous cases involving a variety of complex construction and design issues such as, infrastructure problems, defective building materials, water damage as a result of alleged construction or design defects, and mold concerns.

“If something can go wrong it probably will.” With all of the steps and complex components required for even the most simple projects, it does seem that the aforementioned “Murphy’s Law” was written especially for those involved in the phases of construction and design. Of course no one in the business ever sets out to become the subject of a defective workmanship controversy. However, piece of mind is knowing that should you find yourself in such a situation, Attorney Wes Jones can help. Should problems arise, Jones urges any parties involved to first try and resolve the situation amicably on their own. If that does not work, dispute resolutions of this type are one of his specialties.

Upon choosing Wes for your dispute, he will evaluate your case and consider any and all viable strategies for resolving the matter to your satisfaction. Wes also works with HVAC installers, brick masons, electricians, and plumbers. Learn more about his experience with Construction Law in Wilmington, NC.

If you would like to learn more, please contact the office of Wesley Scott Jones: 910-256-5800

April 1, 2013 By Wesley Jones

Business Litigation Lawyer in Wilmington, NC

Those that go into business for themselves usually do so for a few reasons:

They have found their passion
They feel that they can provide their clientele with needed goods or services
They are confident that they can make a living through their commercial or business venture

Of course astute owners will be conscientious to ensure that their business operates by the book and that their customers are absolutely satisfied. Unfortunately, even the best-laid plans can take a negative turn. Disputes can arise in cases of business against business or private individual vs. business. Thankfully, many such matters are often resolved through negotiations or arbitration proceedings. When matters cannot be resolved, Business Litigation is an effective means to do so.

Local Wilmington attorney, Wesley Scott Jones, is well-versed in the realm of Business Litigation. Because of its wide scope, when dealing with matters of Business Litigation, it is extremely beneficial to retain the services of an experienced professional. Attorney Wesley Scott Jones has a high degree of expertise in managing disagreements that can result in the various stages of business startup and ownership. He has handled a number of cases involving conflicts between business partners, customers, employees and third party contractors. Jones can also work with clients who are caught in disputes involved in the process of starting up, operating, or dissolving a business.

From banks to builders, small business owners to sub contractors, each different industry comes with a specific set of potential problems. Wesley Scott Jones has gone to bat for his clients on issues representing the full spectrum of possibilities unique to businesses, including general disputes, fraud, bill collection, breach of contract and unfinished work. Choosing a lawyer who is knowledgeable on the multi-faceted world of business law can be invaluable in protecting your rights and your company’s business interests.

To learn more about the various industries Jones has represented and case topics he deals with, please visit this website to learn more: wsjlaw.com/practice-areas-and-services/business-litigation/

To contact the office of Wesley Scott Jones directly, simply call 919-256-5800.

Other resources:

March 25, 2013 By Wesley Jones

Litigation Lawyer for Construction Firms in Wilmington, NC

The Wall Street Journal reported in November that home building is on the rise. According to the article, the Dow Jones U.S. Home Construction Index rose around 80% over 2012. As the housing market continues to improve, the uptick in new construction is expected to continue. There was even more encouraging news in a press release from Harvard’s Joint Center for Housing Studies. It was announced in the fall that, “annual homeowner improvement spending is expected to reach double-digit growth in the first half of 2013.”

Although this is all certainly good news, anyone involved in the business of construction knows there is a great deal involved in building or remodeling a home. As building activity picks up in the Wilmington area, those in the housing industry will want to safeguard their interests and protect themselves from possible disputes that could arise. As a Construction Law Litigator, Attorney Wesley Scott Jones is available to assist clients with a variety of scenarios that builders, contractors, design professionals, suppliers, and owners are often challenged with. In addition to residential cases, Wes is also able to take on cases relating to commercial and government projects.

Due to the detailed nature of construction, remodeling, and home building, it is a good idea to retain legal counsel as a preventative measure. Attorney Jones can guide you through the initial stages of contract preparation so you’ll begin each project on the right foot. Since there are also typical pitfalls that can besiege even the most simple construction project, Wes uses his experience and offers attention to detail on tasks like investigating and negotiating issues such as disruption claims, negligence, and defective workmanship. Wes tackles these cases by evaluating each aspect of the project. Regardless of how large or small the task at hand is, it typically involves these basic topics:

The range of work that the parties involved agreed to
The documents set forth that explain the project and work it will entail
How the contractor, designer, or supplier will be reimbursed
How the owner will be guaranteed that the builders are doing their work properly and to code
How any problems with the above-mentioned areas be handled

When you contract the services of Attorney Wesley Jones, his role will be to help you plot a course of action so there will be smooth sailing and no surprises. Learn more here: wsjlaw.com/practice-areas-and-services/construction-law-litigation/. To contact the office of Wesley Scott Jones directly, simply call 919-256-5800.