Business Litigation

Smith Debnam’s lawyers are skilled litigators. Practicing in all state and federal courts, we bring or defend suits for business clients in many areas of the law, including:

          • Financial services
          • Contract disputes
          • Construction claims
          • Real estate matters
          • Franchise and trademark violations

Many business litigation cases settle before suit, often through mediation. Our lawyers are experienced in reaching fair settlements and nailing them down with good documentation. But, when the case calls for court action, our lawyers are proud of the results we achieve for our clients. A small sampling of favorable rulings on matters we handled recently is set out below.

Our firm is an approved user of the Serengeti Tracker billing system and other electronic billing systems. In addition, with our own billing system, we can tailor litigation tracking to our clients’ needs. 

United States District Courts:

There are three federal court districts in North Carolina - Eastern District, Middle District, and Western District. All three have mandatory electronic filing pursuant to the CM/ECF system. We have attorneys certified to file in all three districts, and often we are able to instantaneously notify our clients when pleadings, motions and orders are entered.

     Representative Decisions:

     • Dismissal of a suit by a pro se debtor brought
       against several credit card lenders
     • Summary judgment for a student loan lender in 
       a case where the plaintiff alleged violations of the
       Fair Credit Reporting Act
     • Preliminary injunction granted in favor of a
       franchisor against a non-paying franchisee

North Carolina Courts:

North Carolina has two trial court divisions, District Court and Superior Court, within the General Court of Justice. There are two appellate court levels, the Court of Appeals and the Supreme Court.

     Representative Decisions:

     · Attachment of assets of several defendants
       where assets had been hidden by corporate
       shuffling.
     · Jury verdict awarding our client-landowner more
       than $2.9 million dollars for a land condemnation.
     · Directed verdict requiring a seller to execute and
       deliver a deed for real estate, where the seller
       had previously signed an offer to purchase and
       contract.
     · Domestication of million dollar foreign judgment
       under the Uniform Enforcement of Foreign
       Judgments Act.

Bankruptcy Litigation Attorneys:

Thurston Debnam
John Narron John Narron
John Honeycutt
Bettie Sousa
Thomas Lenfestey
David Simpkins