We are pleased to announce that Emmett Madden of ThePhillyLawyers has been selected to the 2020 Pennsylvania Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in Pennsylvania.
Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase process that includes:
The objective of the Super Lawyers lists is to create a credible, comprehensive, and diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
ThePhillyLawyers is grateful for this honor.
Prior to the outbreak of Covid-19, 2020 has been a banner year for ThePhillyLawyers where we achieved over $1.5 million in personal injury settlements. We continue to maintain offices in Philadelphia and Montgomery County, practicing both criminal defense and plaintiff personal injury.
In addition, in 2019, Margeaux Cigainero joined the law firm. Margeaux has a long history of working for such esteemed attorneys as the late Nori Gellman. Margeaux specializes in appellate criminal actions, P.C.R.A. Petitions, and other state and federal litigation. Margeaux is bilingual, as is attorney Emmett Madden.
Other exciting news for 2020 include: ThePhillyLawyers is expanding its outreach into the Spanish-speaking communities of Pennsylvania. As a bilingual and bicultural law firm, our attorneys understand not only the Spanish language, but the needs of Spanish-speaking people throughout Pennsylvania. Whether they have a car accident, immigration problem, criminal defense concern, or any other issues faced by Latinos in Philadelphia area, ThePhillyLawyers has a long history of understanding and appreciating the nuanced issues faced by Latinos and helping advocate for them like no other firm in Pennsylvania. Se hablo Espanol is more than just a statement that our attorneys speak Spanish, it is a commitment to justice for Latinos.
If you have gone to court in Pennsylvania and succeeded in obtaining a money judgment against an individual, you are known as a “judgment creditor,” and you are faced with the challenge of trying to collect on the money that the law says you are owed.
One of the ways that judgment creditors may try to get paid is to use their judgment to require that the employer of the person who owes them the money pay them some of that person’s wages. This process is known as “wage attachment,” and it is often one of the first methods that judgment creditors will consider because it requires relatively little investigation. It is usually much easier to know where the person who owes you money works than it is to know, for example, where he or she does his or her banking. It is also usually much easier for a person to change their bank account than it is to change his or her employer.
Unfortunately, wage attachment can only be used in very limited situations in Pennsylvania.
Pennsylvania statutory law states that an individual’s wages, salaries, and commissions are generally exempt from attachment—that is, they generally cannot be claimed or seized by a judgment creditor—while the funds remain in the hands of the employer, except where a few specific exceptions apply.
The first category of exceptions relate to judgments and orders for child support, spousal support, and other divorce-related obligations.
The second category of exceptions is for judgments for monies owed under residential leases (such as claims for unpaid rent or damage to rented property), and judgments for monies owed due to you providing up to four weeks’ worth of “board” to the judgment debtor while he or she was staying on your property (such as meals, laundry, and housekeeping), whether or not you did so under a lease.
The third category of exceptions is for judgments relating to student loan collection by state agencies.
The fourth category of exceptions is for judgments for the payment of restitution to crime victims or for the payment of other costs, fines or bail judgments related to a criminal proceeding.
Thus, unless the money judgment that you obtained against an individual relates to divorce proceedings, residential lease or boarding situations, or monies owed to you as a result of a criminal proceeding, you will not be able to order the employer of the judgment debtor to pay a portion of the debtor’s wages to you as the judgment creditor.
Judgment creditors who do not have the option of wage attachment can consider several other ways of attempting to collect on their judgment, such as:
Judgment collection is a specialized process that involves many considerations. We recommend that any person or company that is involved in collecting a judgment, or who is thinking about beginning to collect a judgment, consult with a well-qualified attorney who is experienced in litigating judgment collection proceedings.
If you co-own one or more parcels of real estate in Pennsylvania with other people who are not your spouse, and you’re ready to part ways with them, the law does provide a method for splitting up your property and recovering your investment. This method is called a legal claim for “partition.”
A partition action, if successful, results in some form of division of the property, which can take the form of:
Partition claims are often brought by people who inherit a partial interest in a property, people who have purchased a property as an investment with others (but did not create a separate legal entity in the process of doing so), and people who purchased property together in the context of a personal relationship or a family relationship other than marriage. However, partition claims do not require any specific form of relationship among the co-owners, and they can be brought by anyone who owns a property jointly with someone else who is not his or her spouse.
In a partition claim, a court determines whether the co-owners of a property can divide that property and, if so, what each person is entitled to receive. A claimant for partition starts the action by filing a complaint with the court in the county in which the property is located. The complaint identifies the property at issue, the claimant, the nature of his or her ownership interest in that property, and all the other people who also have interests in the same property. Presuming that everything is in order procedurally, the court then generally enters an order that directs the property to be divided among its co-owners in some way.
Once the partition order is entered, the court directs the parties or their lawyers to participate in a mandatory preliminary conference to consider how the property should be partitioned, whether the parties can agree on a plan to partition the property, and whether the court should appoint an experienced person called a “master” to supervise the partition. Most cases that do not settle at this stage have a master appointed.
Once appointed, a master has many powers, including the ability to investigate the facts relating to the property, conduct hearings to resolve any disputed facts, and hire experts like title agents and real estate appraisers. The master’s fees are paid by all the parties to the action, as are the fees of any experts that are hired by the master. Those fees can be paid while the litigation is ongoing, at the end of the case, or some combination of the two.
The master is obligated to prepare a report to the Court that includes his or her recommendations for how to partition the property, and what each party should receive from the division of the property. The law obligates the court (or the master, if appointed) to give preference to physically dividing the property, but that if that is not possible, then enabling a transaction among the co‑owners, if possible, such as a buy‑out. If the co-owners are unable to divide the property among themselves, however, then the property can be sold to third parties, whether at a public auction or through a private sale.
Because a partition proceeding is equitable in nature, the court (and the master, if any) can consider many issues of fairness when trying to determine the value of each person’s interest in the property, including, among other things:
Eventually, once the necessary issues are addressed by the master or by the court, a court order is entered that directs how the partition of the property is to be completed. There are several opportunities for the parties to object to the process, both before that order is entered and after. Because partition is a court-ordered proceeding, the court’s approval is required before any transactions are finalized.
Partition of real estate is a specialized proceeding that involves many considerations. We strongly recommend that any person who is involved in a partition proceeding, or who is thinking about starting a partition proceeding, consult with a well-qualified attorney who is experienced in litigating these kinds of real estate disputes.
We often receive inquiries from business owners who have been sued in Pennsylvania or are thinking about filing a lawsuit in Pennsylvania—asking whether it is legally permissible for an owner or officer of the business to represent the business in court without a lawyer. The answer to this question depends on (1) the type of business that you have, and (2) the court in which your business is being sued.
If your business is a sole proprietorship—that is, if your business is simply you, operating under your own name (for example, a house painting business where the checks are paid to “Mary Smith”), or if your business is you, operating under a legally registered business name (for example, a similar house painting business, but where the checks are paid to “Smith Painting,” the name under which Mary Smith legally does business)—then the true party before the court is you as an individual. Because there is no separate legal entity involved, you can legally represent yourself in court without a lawyer, even though you are being sued about a matter involving your business.
If your business is a general partnership, a limited partnership (“LP”), or a limited liability partnership (“LLP”), a general partner who is authorized to conduct the business of your partnership may legally represent the partnership without a lawyer, but the limited partners may not.
If your business is an entity with a separate legal existence, such as a corporation or a limited liability company (“LLC”) registered to do business in Pennsylvania, then the business must, as a matter of law, be represented in court by an attorney unless a specific exception applies. In a civil case, any filing made on behalf of a corporation or LLC by someone other than a lawyer is a legal nullity that can and must be disregarded by the court because the court lacks jurisdiction to consider any claims or defenses raised by a non-attorney.
There are three common exceptions to the rule that a business that is a separate legal entity must be represented in court by a lawyer.
First, certain minor courts in Pennsylvania that are designed to adjudicate small civil claims, such as the Magisterial District Courts and the Philadelphia Municipal Court, have rules that permit businesses to be represented by non‑lawyers. Those courts may have procedural rules that require the business to provide specific written authorization for the non-lawyer representative to appear for the business in court.
Second, a non-attorney may legally represent a business in certain administrative proceedings, such as a hearing before a referee of Pennsylvania’s unemployment compensation board.
Third, an exception exists for a rare and complex type of case known as a stockholder derivative action.
Of course, the question of whether it is legally possible for your business to be represented by a non‑lawyer is very separate and different from the question of whether it is wise, or a good idea, to allow your business to be represented in court without a lawyer. We strongly recommend that any business that is involved in a court proceeding, or any business that is thinking about starting a court proceeding, consult with a well-qualified attorney who is experienced in litigating business disputes. What you don’t know about court procedures and the intricacies of the law can, and often will, hurt your business.
Covid-19 has swept the world and southeastern Pennsylvania in the most profound way. ThePhillyLawyers is taking all necessary precautions and continuing to provide our clients with the best professional, legal counsel. Adhering to all state and government mandates, our offices are temporarily closed to the public, but we are still working diligently for our clients.
Our staff is working remotely from our homes and our clients can easily communicate their concerns and questions with us using email, telephone, fax, cell phone, text, or WhatsApp.
ThePhillyLawyers has always maintained a good, professional relationship with the local Courts, District Attorneys, and Judges. We are still electronically filing time sensitive motions when necessary and rescheduling court dates. All Courts are currently closed, indefinitely.
We are utilizing video depositions to maintain the flow of civil litigation. We are in contact with the Courts and are rescheduling hearings for a future date.
ThePhillyLawyers recognizes the seriousness of the Covid-19 health crisis. We are dedicated to continuing to give our clients the best legal care under the current circumstances.
Please call us with any questions or concerns.
Have you been injured while using an Uber or Lyft? After an accident in an Uber or Lyft, you may have several questions: Who pays for my injuries and suffering? Are the driver and their insurance responsible? Or are the companies—Uber or Lyft? What are my legal options?
What are the laws regarding Uber and Lyft—specifically when it involves a car accident and injuries?
Uber and Lyft were relatively unheard of a few years ago. Now, they are a part of our daily lives. Rideshares are now one of the most popular ways to travel. And as Uber and Lyft rides increase, so do the number of accidents and injuries. But what happens if you are injured while ridesharing?
Uber and Lyft drivers are not employees of these companies but rather are independent contractors. Thus, it is hard to sue Uber or Lyft directly because companies are usually only liable for the negligent actions of their employees.
The good news, however, is that not only do these ridesharing companies require their drivers to have insurance, but Uber and Lyft also protect their drivers and passengers with substantial insurance policies.
Here is a summary of Lyft’s policy (and Uber is similar)
For Uber and Lyft there are different layers of coverage for drivers—depending on whether they have the app running and have a passenger. The important point is that if you are injured as a passenger, Uber and Lyft cover up to $1 million for personal injuries and property damage per accident. In addition, if your driver wasn’t responsible and another uninsured driver caused the accident, you are also covered through the $1 million UM/IUM (uninsured/underinsured motorist) coverage.
This insurance also covers pedestrians; however, it must first be determined whether the driver had the app running at the time of the accident.
If you have been injured while a passenger in an Uber or Lyft, you may be eligible for substantial compensation—for medical bills, loss of employment, lost wages, loss of future income, physical therapy, property damage, pain and suffering, etc.
Here at ThePhillyLawyers we have experienced attorneys who are familiar with the structure of these insurance policies. We will free you from the complicated process of keeping medical records, organizing files, filing claims, dealing with high-powered insurance and rideshare companies, and keeping track of everything else that is involved in your case. We promise to minimize your stress and maximize your compensation. Call us today.
In addition, ThePhillylawyers is also experienced with handling sexual assault cases, including those connected with rideshare companies.
Have you been sexually assaulted by your Uber or Lyft driver? Did you report the assault to Uber or Lyft? Did the company completely ignore you or do nothing to help?
Unfortunately, Uber and Lyft have not taken the necessary steps to protect their customers. Uber released its first safety report in December 2019, showing an alarming rate of 6,000 sexual assaults within the past 2 years. And that number only reflects cases that were reported.
If you or someone you know has been sexually assaulted by an Uber or Lyft driver, it’s time to take action.
Please contact our office and speak with one of our attorneys who specialize in helping victims of sexual assault and holding companies like Uber and Lyft accountable.
By the middle of February, ThePhillyLawyers had passed 1.5 million dollars in personal injury settlements for our clients in 2020.
Call us today to be our next million-dollar settlement!
TOP SETTLEMENTS
A Mexican national living in Pennsylvania, without proper documentation, had a night out on the town with friends. After one too many drinks, he walked home to sleep off his festivities. Unfortunately, he mistakenly went to the wrong door, wrong block, and wrong house. Once there, he was dismayed to find that his key would not work. Cold and ready to be home, he continued fiddling with the door and key. Not to be discouraged, he then tried to open a window. After several attempts, the homeowner woke up—an older lady who had become alarmed by seeing this young determined man at her door and window. After a moment, he sat down and fell asleep on the front stoop.
When police arrived, the woman answered the door, identified the culprit, and he was easily arrested. Despite his efforts to explain his honest mistake in broken English, he was charged with felony first-degree burglary.
After numerous hearings and presentation of a collection of mitigating evidence showing his good character, strong work history, and demonstrating the similarity in the locations as well as the fact that he neither ran, used any tools, or showed other indications of criminal intent, the Commonwealth agreed to withdraw all charges and permit him to enter Accelerated Rehabilitative Disposition, otherwise known as ARD.
This result avoided a criminal conviction and avoided the real and serious risk of deportation. Now he is doing community service, paying a small fine, and celebrating the birth of his beautiful baby daughter. Everyone is happy—including his wife, child, and employer—and a just result was achieved for all.
For creative, aggressive legal representation, look no further than ThePhillyLawyers!
