Jason O. Wunsch Sworn in as Lillington Rotary Club President

On June 30th, 2011, Jason Wunsch was sworn in as President of the Lillington Rotary Club.  Mr. Wunsch has been a member of the Lillington Rotary Club since 2005.  The installation was held at Senator Robert Morgan’s residence in Lillington.  Mr. Wunsch looks forward to serving his community while leading this club.  Meetings are held at 6:15 on Thursdays at Howards Barbeque in Lillington.

Jason Wunsch Sworn in as Lillington Rotary Club President

Update on House Bill 30

The Change in Collection Law - Update 6/26

The House of Representatives ended up passing HB30 by the end of its most recent session.  The vote was 83 in favor of the bill with 32 votes opposing it, a wide margin in favor of passage. The most recent session ended with the Senate not voting on the bill, but having passed the House, the bill can be considered in the remaining 2011 sessions and in the 2012 session.  The bill is still very much alive.

House Bill 778: Amend Innocence Commission Laws

Among the many bills left open by the General Assembly at the end of this most recent session is a change to the North Carolina Innocence Inquiry Commission.  The only body of its kind in the nation, the Commission reviews claims of actual innocence by prisoners in North Carolina.  HB778 would make several changes to which prisoners are able to receive review from the Commission and how extensively they must prove their innocence.

Under the proposed legislation, the Commission would be prevented from reviewing cases in which the prisoner has pleaded guilty.  Though it is widely believed that some innocent people agree to plead guilty in order to avoid the potential of a harsher punishment, such as life in prison or the death penalty, the bill would take away the power that the Commission currently has to review guilty pleas.

In addition, the law would change the standard of proof required for the Commission to free a prisoner.  As it currently stands, a prisoner must prove his innocence by “clear and convincing evidence” the second highest burden in American jurisprudence.  The bill would raise the burden to the “beyond a reasonable doubt” standard, the highest burden in the justice system.

Currently, the Commission has only set one person free in it’s 5 year history.  Greg Taylor was freed in 2010 after a hearing in which the Commission determined that he was innocent of a murder for which he had been convicted in 1993.

Why Do I Need an Attorney for a Separation Agreement?

Prior to filing for divorce in North Carolina, a husband and wife must be separated for a period of at least one year.  During this one year separation period several issues can arise between a husband and wife.  These issues include many of the legal issues that are considered at divorce, such as child custody, child support, alimony and the division of marital property. 

With a separation agreement, these issues can be agreed upon between husband and wife before they are eligible for a divorce.  A separation agreement is a binding contract between husband and wife and is legally enforceable. 

To be enforceable by a North Carolina court, the separation agreement must adhere to certain formalities.  This is why it is important to hire an attorney who can draft the agreement correctly.  An attorney will ensure that the agreement is fully enforceable and your rights are protected.

If you live in Harnett, Lee, Cumberland, or Wake county and would like to speak with one of our family law attorneys about a separation agreement, we would be gald to assist you.

Possible Change in North Carolina Collection Law

Introduction of House Bill 30; Allow Wage Garnishment to Satisfy Judgments

Recently, a bill has been introduced in the General Assembly to allow for wage garnishment in North Carolina.  Currently, North Carolina does not allow for a worker’s wages to be garnished to satisfy a judgment, except in very limited situations.  Most times, winning a lawsuit against a person is almost a symbolic move, because there is almost no way to collect on the judgment after it has been rendered.  If you get a judgment against that person, you have to attempt to get the sheriff to seize the debtor’s property and sell it at auction to satisfy the judgment.  If the debtor has little enough property that all of it is exempt from execution (and many people are entirely exempt from execution), then there is no way to get any money out of the judgment.

House Bill 30 would change that state of affairs.  It would allow almost all judgment creditors to garnish up to 15% of the wages of someone who owes them money after a lawsuit.  In addition, there are provisions in the law that would allow a person in financial hardship to avoid being subjected to garnishment.  If passed, the law would be a significant game changer in the area of collections.

Law Office Expansion

The Law Offices of Jason O. Wunsch are pleased to announce that they will be expanding the size of their Lillington office to include three new offices and a state of the art conference room.  The addition will enlarge the existing building by approximately 1200 square feet and will take six months to complete.  The contractor, George Womble, originally constructed the office in 2006.  “I am excited about the addition as it has become necessary due to the tremendous growth of my business,” stated Jason Wunsch, owner of the law firm.  The Lilington office now includes four attorneys and three support staff.

New Compensation Rates for Appointed Attorneys

The North Carolina General Assembly, in the approaching weeks, will reduce the Indigent Defense Services’ (IDS)  budget in addition to its existing underfunding.  This will result in the inability of IDS to  continue compensating private counsel at the existing rates.  As a result, the IDS Commission is exploring new rates for appointed attorneys, investigators, mitigation specialists, and others who perform the needed services for indigent defendants and respondents.

The IDS Commission will hold a meeting in May to discuss the lower hourly rates of compensation as well as the possibility of alternative compensation, but the IDS budget will not be finalized at this meeting.  Thus, the IDS Commission will continue to examine the schedule of rates after this meeting, and under the current House budget, it will retain its authority to determine the new rates.

While this will impact attorneys across the state, the attorneys at the Law Offices of Jason Wunsch remain on the list of available court appointed attorneys in Harnett County.  We will continue to advocate not only on behalf of our privately retained clients, but for our clients to whom we have been appointed as well.

Wunsch Weekend Gathering

Eighteen people gathered together for the Premiere Party celebrating the Wunsch Law Firm’s Segment on the CW 22′s television show “Legal Minds”.  The party was held at Jason and Laura Wunsch’s home in Fuquay-Varina, North Carolina on April 23rd, 2011.

Attorneys Jason O. Wunsch and Lindsey Kabbes

Jason Wunsch of the Wunsch Law Firm, appeared on the show and spoke on the topic of representation in Motor Vehicle Accidents.  Lindsey Kabbes, an attorney with the Wunsch Law Firm, also was featured on the show and presented information on representation for Social Security Disability Claims. 

Legal Minds will again air April 30th (CW 22 at 5 P.M) and May 1st (MY RDC at 7 P.M). 

For a free consultation regarding motor vehicle accidents or a Social Security Disability claim, contact the Wunsch Law Firm today!

Legal Minds Premiere

After the wave of storms and tornadoes which battered through North Carolina, the attorneys and staff of the Law Offices of Jason O. Wunsch are gathering to celebrate a brighter event. 

This Saturday, April 23, 2011 the firm’s television appearance will premiere on the CW22 at 5:00 p.m.  The attorneys and staff will gather to celebrate its premiere over this Easter Weekend.