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Starling Underwood is an associate in the firm's Litigation Practice Group and assists clients with legal matters related to contractual disputes, debt collection, and labor and employment.
Starling helps clients take legal action against individuals and businesses that may owe a client money, as well as defending clients from individuals or businesses in state and federal court. Typical cases include:
- Bringing or defending an action for deficiency judgment
- Representing a client in small claims court
- Obtaining a levy or writ of possession in order to execute a judgment
- Obtaining pre-judgment remedies for a client
Starling also assists with issues arising from contractual disputes including,
- Promissory Notes
- Deeds of Trust
- Buy-Sell Agreements
- Commercial and Residential Lease Agreements
and, with Labor and Employment including,
- Employment Discrimination
- Wage and Hour Issues
- Employment Counseling
- Employee Handbooks
- Employment Agreements
- Workplace Polices
In a Federal Court case, Starling assisted a shareholder in negotiating a dismissal for a client with an out-of-state creditor. The Creditor foreclosed on certain property and brought a deficiency judgment against the Client as guarantors on a promissory note held by the Creditor. Based on Starling’s motion for summary judgment and supporting brief, the Creditor agreed to a voluntary dismissal with prejudice, whereby the Client was not responsible for any payment to the Creditor.
Starling aided McGuire, Wood & Bissette attorney Doug Tate in the successful representation of a winner bidder at a foreclosure sale in a neighboring county. The property sold at the foreclosure sale at a bargain for the Client but the Bank filed a voluntary dismissal of the foreclosure citing a clause in the Notice of Foreclosure. Doug and Starling were successful in arguing before the Superior Court that the Bank had lost its privilege to file a voluntary dismissal without the consent of the Client. It is believed that this is a case of first impression in North Carolina.
In a case in which a landlord attempted to evict a tenant for non-payment of rent, Starling successfully negotiated a settlement wherein the landlord would dismiss its claims against the tenant in exchange for the tenant not pursuing its rent abatement claims against the landlord, which saved the tenant approximately $2,000.
Starling successfully helped a corporate client navigate the difficulties of the North Carolina Uniform Commercial Code. Starling assisted the out-of-state client with repossessing equipment used as collateral in a financial agreement and facilitated the sale of the equipment at a foreclosure sale.
In the community Starling serves on the Board of Trustees at Carolina Day School and is its first graduate ever elected to serve on the Board. He serves on the Board of Trustees for the Asheville Design Center and on the Pro Bono Committee for the 28th Judicial Bar. He is a volunteer with the MAVL program for Pisgah Legal Services and is also a member of the NAACP in Asheville.
Starling B. Underwood828.254.8800
48 Patton Avenue
PO Box 3180
Asheville, North Carolina 28802-3180
BarAdmitted to Bar 2009 (NC)
US District Court - Western District of NC
EducationUniversity of NC at Chapel Hill (J.D., 2009)
University of NC at Greensboro (B.S., 2006, Cum Laude)