The Pennsylvania Superior Court recently relaxed the Pennsylvania Courts’ trend of scrupulously constraining the use of warrants of attorney, also known as “confession of judgment” clauses in non-consumer credit transactions. In Graystones Bank v. Grove Estates, LP., 2012 Pa.Super. 274 (2012), affirmed at 2013 Pa. LEXIS 2855 (Pa. 2013) a debtor made a Promissory Note in favor of the creditor, which contained a warrant of attorney. After some time, the debtor began to have trouble making payments under the Note. The creditor then required the debtor to establish an interest reserve and pledge additional real property as collateral, and to enter a “Change in Terms Agreement.” The Change in Terms Agreement did not itself include a warrant of attorney.
Many commercial credit agreements contain Confession of Judgment or “Warrant of Attorney Clauses.” In general terms, a Warrant of Attorney permits a creditor to enter judgment against a debtor without first giving notice and an opportunity to defend the case against him. Usually, the debtor will first become aware that judgment has already been entered against him by receipt of a notice.
After getting a judgment, clients and the public will ask how long it is “good for.” Other times, clients will assume that a judgment exists forever. The answer, however, is somewhat complex.
Are you a minority, woman, veteran or service-disabled veteran starting or currently running a business in Pennsylvania? If so, your business may be eligible for classification as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Veteran Business Enterprise (VBE), or Service-Disabled Veteran Business Enterprise (SDVBE).
The Fair Labor Standards Act (FLSA) establishes certain minimum standards for private sector, local, state and Federal government workers including a 40-hour work week, minimum wages, and overtime pay. Compliance with the FLSA is not only mandatory for employers, but necessary to protect their employees and their pockets.
Have you ever filed a pleading, motion or other legal document and had it sent back to you for a procedural error and you can’t quite figure out why? More often than not, it’s because you didn’t follow a local, state or federal rule of court when you made your filing.
Pennsylvania’s Act 129 of 2012 which went into effect in August amends the Pennsylvania Landlord and Tenant Act to give landlords guidance on dealing with personal property left behind by tenants who vacate a rental property.
“I have a judgment from the small claims court. Now what?”
One call that we receive quite often follows a lay person’s successful prosecution of a case in small claims Court – formally called either the Magisterial District Justice Courts or the Philadelphia Municipal Court. The caller will have organized all of the documents and witnesses, and made a convincing case before the Judge, and gotten a judgment against another person or business. Contrary to popular beliefs and expectations, the defendant isn’t required to write a check on the spot to satisfy the judgment.
The Pennsylvania Senate approved legislation on Tuesday, May 24, 2011 that would require contractors and subcontractors to verify legal employment status for all employees working on public building projects. Senate Bill 637, which passed 47-7, makes use of the federal E-Verify system, operated by the Department of Homeland Security, mandatory to confirm that all employees are eligible to work in the U.S.
Pennsylvania is part of the small minority of states that provides for a peculiar form of ownership of property between a husband and wife which often frustrates the creditors of one spouse. Known as a “tenancy by the entireties,” this estate in property is founded upon the idea that when spouses marry, they become a single legal entity or person. Therefore, when a husband and wife purchase a house or other real or personal property, each is deemed to acquire a one hundred percent undivided interest in the property which cannot be severed or encumbered by the acts of only one of the spouses. This form of ownership is presumed in Pennsylvania upon conveyance to a husband and wife unless there is an affirmative effort to title the property in another matter.