From the Desk of:
David E. Inabinett, Managing Member

The last 12 to 18 months have brought about significant events which, we believe, have and will shape us as a firm over the next decade.

R. B. Smith and associate, Ryan McNeill, joined the firm in 2008, both adding great depth to our firm’s ability to serve clients, especially in the areas of municipal law, real estate, corporate, estate planning and elder law.

Walt Brinkley retired in 2009 after 60 years of active practice and we established a scholarship in his honor at Davidson County Community College to which we invite anyone to contribute as a ‘thank-you’ to him for his personification of what a citizen-lawyer and professional role model should be.

Judge Jack E. Klass now joins what we believe is a talented and diverse roster of attorneys representing concentration in nearly every critical area of civil and criminal law. Judge Klass' profile may be viewed here.

We believe we are the firm of choice, not only for all of Davidson County, but the Triad region of North Carolina. We are a firm ‘practicing today’s law with small town tradition.’ We invite you to view our new website www.brinkleywalser.com and sign up for newsletters designed to give you information relevant to your legal needs or questions. Or better yet, give us a call and we will be glad to speak with you personally.

Small Claims Court:
by Bradley S. Hunt, Member

Small Claims Court, also known as Magistrate’s Court, is part of the North Carolina court system that hears disputes usually regarding property or money worth $5,000 or less. Every county in North Carolina has their own Small Claims Court. Small Claims Court is specifically designed and tailored to be quick, efficient, and informal. The trial date is usually scheduled within one month of the filing of a complaint and the trial usually lasts no more than 15-20 minutes. There is no jury, as your case is decided by a Magistrate who may or may not be a licensed attorney. Additionally, parties are not required to have a lawyer to represent them in a Small Claims Court trial, but you certainly have the right to hire a lawyer.

The most common disputes handled in Small Claims Court usually involve damage to personal property, money owed or landlord/tenant disputes, including evictions. Small Claims Courts do not handle criminal offenses, including traffic citations, divorces, or custody disputes. Although the Small Claims Court system is designed to allow individuals to appear without legal counsel, it is often a good idea to contact a lawyer prior to the scheduled hearing date to discuss the matter.

You can obtain preprinted forms from the office of the Clerk of Superior Court in order to file a complaint and initiate the Small Claims Court process. You will need to pay a filing fee of $70.00 and a service fee of $15.00 per Defendant if you want the local Sheriff to serve the Defendant(s) with a copy of the summons and complaint. In the alternative, you can mail the summons and complaint to the Defendant(s) yourself via certified mail, return receipt requested. If you prevail at the hearing, you may be awarded these costs as part of your judgment.

After the judgment has been entered by the Magistrate, regardless of the outcome, either side can appeal the ruling to District Court. You must either announce your desire to appeal in open court or file a written notice of appeal with the Clerk’s office within ten days of the judgment and then mail a copy of the written notice to the other side. Additionally, in order to preserve the appeal you may have to pay a fee to the Clerk of Court. Once appealed to the District Court, you may need to retain a lawyer to adequately protect your interests as the rules and procedures become more involved and complicated as the case progresses at the District Court level.

Brinkley Walser, PLLC Services:
We are proud to be a diverse firm that serves the needs of our clients in all areas of the law, including: 
• Administrative Law
• Arbitration and Mediation Services
• Banking Law
• Business Law
• Catastrophic Injury Cases
• Civil Litigation
• Consumer Protection
• Collections
• Corporate Law
• Criminal Law
• Education Law
• Elder Law
• Employment Law
• Estate Planning
• Land Condemnation
• Medicaid Planning/Asset Protection
• Real Estate
• Social Security Disability
• Workers’ Compensation
• Wrongful Death
• Wills & Estates 

Today's Law Practiced with Small Town Tradition

Brinkley Walser, PLLC is a firm based upon a strong tradition since 1886. A tradition of extraordinary service and attention, a total commitment to our clients. A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client. A tradition of service not only to our clients, but to the community. A tradition of providing expert, affordable legal advice to almost every area of the law. This tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser.