The Law Office of Wesley Scott Jones, P.C.

business disputes

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Business Litigation Matters

Business Litigation MattersWhen Wilmington attorney Wesley Scott Jones takes on a case, his goal is to handle the matter swiftly and effectively.  As a business and lawyer and litigator, Wesley appreciates that his clients want to get back to business, not spend their valuable time in a courtroom. Over the years, attorney Jones has represented both plaintiffs and defendants from large and small businesses, including family-owned businesses, Corporations, Limited Liability Companies, Sole Proprietors, and Franchises, both big and small in District Court, Superior Court, Federal Court and in Mediation.  Learn more about Business Litigation Services from Wesley Jones.

Whether the business owner is a new or experienced professional, the wide variety of issues that can escalate into a legal dispute is truly amazing.  That is why it makes sense to retain the services of a skilled litigator, just in case.  In recent years, Attorney Jones has represented clients throughout the courtrooms of southeastern North Carolina, in matters such as:

  • Account Collection
  • Breach of Contract
  • Breach of Corporate Duty
  • Business Judgment Rule
  • Contract Disputes
  • Collection of Past Due Accounts
  • Deceptive Trade Practices
  • Deceptive Business Practices
  • Debt Collection
  • Delinquent Accounts
  • False Statements
  • Franchisor-Franchisee Disputes
  • Fraud
  • Interference with Contracts or Business Relations
  • Judgment Recovery
  • Misappropriation of Trade Secrets
  • Misrepresentation
  • Negligent Misrepresentation
  • Nonpayment
  • Ownership Disputes
  • Partnership Disputes
  • Payment Disputes
  • Piercing the Corporate Veil
  • Torts
  • Unfair and Deceptive Trade Practices
  • Unfinished Work
  • Undelivered Goods

Most everyone going into a business or construction deal is usually hopeful and excited about the anticipated end result.  Ensure smooth sailing for your business and gain piece of mind with a little help from the Law Office of Wesley Scott Jones.  To learn more about the services his firm provides, please call lawyer Wesley Jones today at 910-256-5800 for a free consultation.

Wesley Jones is a Litigation Lawyer serving all of Southeastern North Carolina including  New Hanover County (e.g. Wilmington, Kure Beach, Wrightsville Beach, Carolina Beach and the areas of Ogden, Masonboro, Myrtle Grove, Landfall, and Mayfair), all of Pender County (e.g. Burgaw, Surf City, Hampstead and Topsail Beach) and all of Brunswick County (e.g. Bald Head Island, Bolivia, Calabash, Leland, Shallotte, Southport, Saint James, Ocean Isle, and Oak Island).

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Avoiding Disputes Over Past Due Accounts

Avoiding Disputes over Past Due AccountsAs a Wilmington attorney for a variety of business owners and operators throughout southeastern N.C., Wesley Scott Jones has handled numerous disputes over past due notices.

For over-burdened business owners, handling past-due accounts can be a thankless, time-consuming task. That’s why so many firms choose to take action only when receivables are 90 days or more past due. This tactic may result in limiting your cash flow and profits.

In an effort to assist the parties involved before it becomes a legal issue, Wes has a few suggestions:

  • Stay on top of unpaid receivables and create a safety net in the form of a tighter credit policy.
  • Set up an accounts receivable aging report so you’ll be able to recognize non-payment patterns before thy get out of control.
  • AllBusiness.com reports that, “Studies reveal that the likelihood of collecting receivables drops drastically as time goes on-from more than 90 percent after 30 days to 74 percent after 90 days and just 50 percent after six months.” With that in mind, establish a policy that any customer 35 days past due, will receive a friendly phone call as a reminder.
  • Since missed payments can and do happen, consider working out a specific deal with a customer who’s honestly had a cash flow issue. Establish a realistic payment schedule and identify a pay-off goal day. Have it legally drafted and both parties must sign in front of witnesses. Only do this for very special cases.
  • Follow up courtesy calls by mailing past-due notices and letters by regular mail – not e-mail! Sometimes a little humor can go a long way, such as a postcard with an appropriate graphic and a message like, “Please pay your bill so I can pay mine.”  Always include a phone number in case the customer needs to explain his or her situation.

If 90 days or more have passed and you still have not received payment, it’s time to contact the office of Wesley Scott Jones: 910-256-5800. Let Wes help you recoup past due accounts in a legal manner that will deliver results.

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Collection of Past Due Accounts

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Collection of Past Due Accounts

Collection of Past Due AccountsAs 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

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Business Litigation Lawyer in Wilmington, NC

An Attorney reviewing documents with clients.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.

 

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Litigation Lawyer for Construction Firms in Wilmington, NC

Business man 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.

 

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Business and Contract Dispute Attorney in Wilmington

Picture of a business man.Can you guess the answer to this question: “What is the most common type of business conflict between opposing parties that can often lead to courtroom litigation?” If you guessed contract disputes, you would be correct.

There are practically as many different types of contract disagreements as there are businesses. Seeking a resolution to these types of clashes can be exhausting and take its toll on your business through the stress, lost time, and expense of a potential lawsuit. With contract disputes, it is best to address them as quickly and efficiently as possible, because they can have a direct impact on your other business dealings. As a business owner, it is also extremely important to safeguard your legal rights. In many cases of contract conflicts, an experienced Business and Contract Dispute attorney can help resolve the matter without civil litigation.

In the Greater Wilmington area, business owners are discovering that for matters such as these, the law firm of Attorney Wesley Scott Jones is the one to contact. Whether the contract in question was created years ago or you’re considering drafting a new one, Wes can help. Because of his experience in this area of business law, he can work with you to ensure that your contracts are clear, thorough, and enforceable.

Wes knows that there are a number of contracts that can easily become a source of conflict among the parties who are subjected to them. A few common examples are business agreements involving customers or clients, distributors, vendors, suppliers, manufacturers, contractors and subcontractors, independent contractors, franchises, and licensing. Quarrels are also commonplace that pertain to service agreements, purchase or sale agreements, construction contracts, and government contracts.

When you contact the law firm of Wesley Scott Jones, please know that he is committed to settling such disputes in a fair and reasonable manner. As a Business and Contract Dispute Litigator, he can explain your legal rights and obligations and then guide you to the appropriate legitimate options. Follow this link to learn more about Business or Construction Contract Disputes. To contact the office of Wesley Scott Jones directly, please call 919-256-5800.

 

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