Friday, March 18, 2011

BLOGGER NORM PRAET LIVE AND IN PERSON AT THE TREIA VENDOR FAIR ON MARCH 22, 2011

Yours truly will be presenting "KEEPING IT CLEAN: 10 LAWS, RULES AND REGULATIONS YOU SHOULD BE AWARE OF!!!" on March 22, 2011 at the Triangle Real Estate Investors Association Networking and Vendor Fair.

When:

6:00 pm – 9:30 pm
I will be speaking at 8:00 p.m.

Where:

Hilton, North Raleigh
3415 Wake Forrest Rd.
Rleigh, NC

What:

Networking and Vendor Fair

Who:

The Triangle Real Estate Investors Association is a great group of real estate investors that has a very busy calendar with one general meeting and several more specialized meetings each month. In their own words:

What is the Triangle Real Estate Investors Association all about?

In its own words:

The mission of the Triangle Real Estate Investors Association is to provide education, training, services and opportunities for both the novice and experienced real estate investor, while promoting high standards of ethics and a positive influence in our community.

You can find out more about the Triangle Real Esate Investors Association at www.treia.com.

Sunday, March 13, 2011

State Worried About Bed Bug Vigilantes!

The North Carolina Department of Agricultural & Consumer Services recently stated in its NC Agricultural Review that:

In the past decade, bedbugs have made a comeback across the U.S. and in North Carolina. There are several reasons for this resurgence, including an increase in international travel and commerce, high tenant turnover in apartments, and changes in pesticide use and insecticide resistance.

Agriculture Commissioner Steve Troxler advises homeowners and business owners to be aware that the effective treatment of a bedbug infestation can be costly, and they should be wary of promises of low-cost remedies.

"Bedbugs generally cannot be controlled effectively with do-it-yourself measures," Troxler said. "And many times they can't be effectively controlled with just a single visit by a pest management professional. It's important for consumers to be careful in choosing a pest management company to address bedbug problems."


You can find the full article at here.

The lesson appears to be don't just let anyone kill your bugs!

Whoever you use for pest control, as a landlord you should be developing a bed bug policy and lease rider. Whether you have one unit or one thousand units, there is significant cost in dealing with bed bugs, and your lease or lease addendum should discuss who will bear this cost, and how inspections will be done.

At a recent meeting of Triangle Apartment Association's Government Affairs Committee meeting it was decided that a Bed Bug Addendum would be made available to members of that organization. You will also want to check the Apartment Association of North Carolina for their postings on bed bug developments. As always, education is your best investment and joining these organizations will page huge dividends!

Assisting property owners' and managers to realize their goals and minimize their risks. I am

Norm Praet, Esq.
Stark Law Group, PLLC
(919) 490-5550

Tuesday, February 8, 2011

Wage Garnishment Coming to NC?

Many landlords that I talk to complain about the difficulty of collecting judgments in North Carolina. That could become a little bit easier if the Allow Wage Garnishments to Satisfy Judgments, House Bill 30, passes. The name is not all that clever but it lets you know what the bill is intended to do. House Bill 30 was introduced on February 2, 2011 by Representative T. Moore and is expected to be heard in the Judiciary Committee shortly.

Below is a call to action sent out by the Triangle Real Estate investors Association today in conjunction with the Triangle Apartment Association. I have worked with wage garnishment in New York and New Jersey and it is not the guarantee of payment of a judgment that some may hope, but wage garnishments are helpful. I would echo the message below and suggest you contact the Judiciary Committee members and your local state Senator and House Representative and let them know you support the bill.





Garnishment of Wages Support

(HB 30)

The Judiciary Subcommittee will be hearing HB 30- Garnishment of Wages- Judgments in Civil Actions Bill on Wednesday, February 9 (tomorrow) @ 10AM (delayed).

Rep. Tim Moore is the Prime Sponsor of the bill. Please contact subcommittee members (email addresses below) & ask for them to bring the bill forward.

Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. 46 out of 50 states allow for such garnishment.

Rep Blust- Subcommittee Chair: john.blust@ncleg.net
Rep Alexander: Martha.Alexander@ncleg.net
Rep Blackwell: Hugh.Blackwell@ncleg.net
Rep Daughtry: Leo.Daughtry@ncleg.net
Rep Crawford: Jim.Crawford@ncleg.net
Rep Faison: Bill.Faison@ncleg.net
Rep Hall: Larry.Hall@ncleg.net
Rep Howard: Julia.Howard@ncleg.net
Rep Jackson: Darren.Jackson@ncleg.net
Rep Killian: Ric.Killian@ncleg.net
Rep McGrady: Chuck.McGrady@ncleg.net
Rep Mills: Grey.Mills@ncleg.net
Rep Ross: Deborah.Ross@ncleg.net

Thanks for your efforts!



*Below is an excellent letter sent on the topic. Obviously, DO NOT COPY AND SEND, but use as guide to form your own email:



Please accept my strong support for House Bill 30 - Garnishment of Wage to Satisfy Judgments.

Over the past 20 years I have on occasion been forced to file Small Claims Court actions against individuals and companies who fail to pay or complete services contracted for. When I receive a judgment in my favor collecting on the debt has been nearly impossible. One can file a Writ of Execution to try and obtain personal property or bank accounts but with exemptions and usually small amounts of cash kept in a defendant's bank account it is ineffective. If I want to pursue collection with a third party attorney or collection agency the cost many times begins to outweigh the amount of the judgment.

Garnishment of wage would allow me to effectively collect on the debt. It is done in just about every other state in the country. I can never understand why North Carolina does not allow the "common man/woman," the citizen of this state, to effectively collect on judgment debts via garnishment accept for child support, but allows the government to collect on taxes owed? What good is a court system after a plaintiff jumps through all the hoops, follows the law and procedures and then can't collect on his or her judgment?

My court filings mostly are for rental properties that provide income to my family. How fair is it that we must end up empty handed while a tenant knowingly walks away free from paying for unpaid rent or extensive property damage? Over the 20 year period I have lost an estimated $50,000 with North Carolina losing its tax revenue from that.

I thank you for the consideration of bringing such a bill forward. We need it, and need it now.

Respectfully,

Tuesday, February 1, 2011

BLOGGER NORM PRAET LIVE AND IN PERSON IN WAKE COUNTY

Yours truly will be presenting a progam explaining many of the legislative changes in the past year at the Wake County Apartment Association on February 3, 2011.

The Wake County Apartment Association is a great group of property owners who meets on the first Tuesday of the month. In their own words:

What is the Wake County Apartment Association?

For over twenty years, landlords and investment real estate professionals in Wake County, North Carolina have been gathering the first Thursday of each month to share strategies about buying and operating investment real estate. We laugh, learn and grow together.

Mission

• To facilitate social and professional contact among members.

• To promote the exchange of industry knowledge and awareness.

• To encourage the acquisition of wealth through rental real estate.

You are very welcome to attend! If you profit by your attendance, we encourage you to join us every month!


WHEN: 6-7pm: Dinner & Discussion
7-8pm: Presentation

WHERE - Golden Corral on Millbrook Road, at the corner of Capital Blvd. The meeting room is in the back left corner of the restaurant.
Address: 2909 East Millbrook Road, Raleigh, NC 27604 - p) 919-872-0500.

If you would like to become a member and regularly attend, dues are only $15 per month.

Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Nothing in this blog shall create an attorney-client relationship. The opinions expressed herein are those of the blogger and not of the PRAET LAW FIRM, PLLC.