Archive | Fiduciary Litigation

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In case you missed it: Quick facts on enforcing your civil judgment

Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected.  The often disappointing reality, particularly in commercial litigation, is that a judgment is sometimes only the […]

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Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina

In January, we discussed the judgment execution process.  In light of positive feedback, we wanted to follow that post by addressing a related, and equally intimidating process: domesticating a foreign judgment.  That is, if you are an out-of-state judgment creditor with a judgment against a North Carolina resident or corporation, how do you enforce your […]

Jason Miller and Jeff Monroe named to 2016 Legal Elite list.

Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively.  This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]

The Life Cycle of a Lawsuit – Blog 1 of 3 – Filing Suit

Although every case is different, most lawsuits follow the same general pattern.   This blog will help you to understand the general life cycle of a lawsuit.  Let’s start with a quick overview.  All suits begin with an initial complaint and answer, followed by hearings on any preliminary motions (i.e. Motions to Dismiss).   The next step […]

My business partner is misappropriating funds from our business. What can I do?

When faced with a difficult situation like this, there are two legal paths that you can follow.  First, you can bring an individual lawsuit against your business partner seeking monetary damages for misappropriated funds.  Second, depending on a number of factors, you may be able to force the corporation to bring the lawsuit against your […]

I’m thinking about filing a lawsuit to collect money owed to my business. What does the process involve? How long will it take?

Although every case is different, most follow the same general pattern. They all begin with initial filings, which are usually followed by the discovery process. There will likely be hearings on various motions at some point. Most suits will be ordered to mediation to see if they can be settled before trial. If settlement is […]

Why it makes business sense to hire a small firm.

Many corporate clients have large firms on retainer ready to handle their day-to-day corporate and litigation needs.  Large firms typically offer a gray-haired partner to manage the client, while using young associates to perform the majority of the work.  This can create a false sense of security for the client that their conversations are with […]