Civil Forfeiture Can Lead to Injustice

A recent article in WITF, a central Pennsylvania news organization, addressed a growing issue in Pennsylvania – asset forfeiture abuse.

Cornerstone Law Firm Attorney Joel Ready was interviewed in the WITF article:

Berks County defense lawyer Joel Ready, who has represented clients whose belongings have been seized through civil forfeiture, said this thinking turns the U.S. Constitution on its head.

“Anybody who had $500 taken out of their pocket by the government and told, ‘Well, you’re going to have to prove that you didn’t do anything to get this back,’ is going to understand that this is a profound injustice,” Ready said. “Most people can’t afford to hire a lawyer to come in and get that money back.”

Read the full article here.

How Much Time Do I Have to Answer a Lawsuit in Pennsylvania?

If you’ve been served with a lawsuit in Pennsylvania state court, you have 30 days to respond to the Complaint. You have only 21 days if you are sued in federal court.

The first documents that you file in court are extremely important because your failure to raise certain defenses might mean that they are lost forever. In fact, even answering a complaint could prejudice you in regards to your rights. But you will almost always want to file something in response to a Complaint, or else it will result in a default judgment.

Answering a Complaint in Pennsylvania State Court

Under state court procedure, after you are served by the sheriff or other authorized process server, you are told that you have twenty days to answer the complaint. This is technically true.

But, on the twenty-first day, you will be mailed what is called a “Ten Day Notice.” This notice warns you that you have failed to answer or properly object to the complaint in a timely manner and are technically in default. After these 10 days elapse, if you still not responded to the complaint, then the Plaintiff may move for a default judgment against you for the amount that they are claiming in their complaint.

In some cases, you may wish to “remove” (that is, transfer) the case to federal court, which must typically be done within 30 days of being served. Not every suit can be removed to federal court.

Answering a Federal Lawsuit

In Federal Court, the rules are a little less forgiving. Within 21 days after being served, you must file an answer or an appropriate Motion to Dismiss. Failure to do so will allow the Plaintiff to move for default judgment on day 22. After that, it will be very difficult for you to get the judgment reopened.

If you believe that a lawsuit is not properly presented in federal court, you are best served to file an appropriate motion before attempting to answer the Complaint.

What happens if I don’t answer a lawsuit in time?

Failing to answer or otherwise respond to a lawsuit in Pennsylvania (or anywhere, for that matter) is a big mistake. The clerk of the court will enter judgment against you and will award the Plaintiff the amount they asked for in the Complaint, even if that amount makes no sense under the facts and the law!

So, if someone sues you for $1,000,000 because they say you insulted them, if you don’t answer, the Court will assume you have no objection to being in debt to this person for $1,000,000. They can seek to collect this judgment against you in a variety of ways. It’s safe to assume you won’t want that.

If you’ve already had judgment entered against you, you can seek to have the judgment “opened” or “stricken.” Under state law, if you have failed to file in a timely manner and received a default judgment against you, you have another 10 days from the entry of default to move for the judgment to be opened as a matter of right.

After that, it is still possible to get it open, but it is much harder. In federal court, it is difficult to get a judgment reopened.

Conclusion: Don’t delay in seeking legal counsel

In all instances, it’s best not to wait at all. Doing nothing about a complaint is the worst possible thing you can do. A good attorney will want time to research your claim and gather documents that are relevant, so it’s important that you move quickly.

At the Cornerstone Law Firm, we defend individuals and companies in lawsuits on a frequent basis. If you’ve been served with a lawsuit in state or federal court in Pennsylvania, we welcome you to call us to discuss your rights.

Don’t delay – call us today!

Injured as a Pedestrian

Every day, throughout the United States, pedestrians are injured by cars, trucks, buses and other automobiles. For purposes of the discussion below, it doesn’t matter what type of vehicle hit you, nor does it matter what you were doing when you were struck (that is, whether you were running, crossing the street, walking on a sidewalk, or something else).

If you’ve been hit by a vehicle as a pedestrian, here are three things you should consider in evaluating your right to compensation.

1. Your car insurance will pay for your medical bills

First off, many people are surprised to learn that their car insurance is involved at all in an injury in which they were not in their car. But your car insurance covers you, not only when you’re driving in a car, but anytime that you are injured in a car accident.

This includes when the negligence of another driver causes your injuries, even if you were outside of the car at the time. The other party’s car insurance will be liable for some aspects of your injuries (more on that below), but your car insurance will pay your initial medical bills.

The other party’s car insurance will be liable for some aspects of your injuries (more on that below), but your car insurance will pay your initial medical bills.

hit by a vehicle a a pedestrian

That’s right. Even though you may not have been at fault at all for your injuries, your car insurance will pay the first several thousand dollars of your medical costs. Sometimes, an injury victim doesn’t like to hear this. They want to “go after the other guy” to make him pay for the injuries. But Pennsylvania law provides that everyone’s car insurance should cover the first several thousand dollars of injury coverage (and sometimes more) in order to ensure that you are able to immediately seek medical treatment.

There’s no copay associated, which means that even if you have health insurance, you should send the bills to your car insurance first, until they no longer have any coverage left for you. This type of insurance is called “Personal Injury Protection,” or “PIP.” So, make sure that your car insurance pays the first bills that you receive.

2. You’re entitled to recover for pain and suffering as well as lost wages in most cases

When you are hit by a car while walking, you are entitled to payment for your medical bills, of course, but you’re also entitled to recover from car insurance for your pain and suffering, for lost wages, and for the inconvenience that the injuries have caused you. Just paying your medical bills doesn’t make you “whole.”

After a personal injury, you will deal with the inconvenience of your life being disrupted, of being able to do daily activities such as exercise or sports you enjoy, or even shop for yourself or play with your kids. You are entitled to compensation for all of this. The car insurance should also pay for your lost wages and for other damages.

An experienced personal injury attorney can help you identify these and other types of damages you’re entitled to under the law.

3. What if I’m “Limited Tort?”

In Pennsylvania, “limited tort” insurance designations do not apply to pedestrians who are injured by a car, truck or other vehicle. This means you will be considered “full tort” by your car insurance in assessing your right to compensation.

Conclusion: You need an experienced attorney by your side to resolve your charges.

If you’ve been injured while traveling on foot, call the experienced attorneys at the Cornerstone Law Firm. We want to help you get the help you deserve and need. It’s important that you not merely take an offer provided by an insurance company for your injuries. You should have it carefully reviewed by an injury attorney who is experienced in reviewing these types of offers and in maximizing your compensation. Call us today!

You should have it carefully reviewed by an injury attorney who is experienced in reviewing these types of offers and in maximizing your compensation. Call us today!

Sued for Credit Card Debt in the MDJ

If you’ve been served with a lawsuit by a credit card company in a Pennsylvania Magisterial District Court, it’s important for you to act fast. Credit card companies often sell their outstanding balances to investment companies, which purchase the debt and then sue the credit card holders for the debt in Magisterial District Courts in Pennsylvania.

Magisterial District Court 23-2-02
23-2-02 Magisterial District Court, West Reading

Magisterial District Courts are often in unimposing buildings, including strip malls and even old houses. But don’t let their unimposing appearances fool you. These courts are courts of law just like any other court, and they can render binding judgments against you up to the amount of $12,000.

What should you do if you’ve been sued?

First of all, it’s important that you call an attorney right away. An attorney can help you figure out if you’ve properly been served with the lawsuit as well as whether the company suing you actually has a right to proceed against you. In addition to a civil complaint that’s filed against you, you’ll also receive a summons to the Magisterial District Court for a specific date and time. This is the date of your trial in front of a Magisterial District Judge (MDJ). Accordingly, when you receive the Complaint, the clock is ticking for you to develop your defense and prepare to meet the accusations head-on.

If a judgment is obtained against you in the Magisterial District Court, you have a right to appeal within 30 days. If you don’t appeal, this judgment becomes final and binding and can be used to execute against the possessions you own, including any real estate you may own, your car, and even your bank account.

In fact, with a valid judgment in hand, a creditor can even ask a sheriff to come with them and go through your house and sell off personal possessions you own. Obviously, you don’t want any of these things to happen, and it’s extremely important that you take aggressive steps to defend yourself.

We can help.

At Cornerstone Law Firm we help clients who are dealing with credit card and other debts to figure out whether the suit against them is valid, to determine proper defenses and in some cases, even to bring a counter-suit against a credit card or investment company for invalidly pursuing a debt. Finally, bankruptcy can sometimes offer the appropriate relief from credit card debt.

Call the Cornerstone Law Firm today, and let’s discuss how we can help you with your debt situation.

What is Litigation?

What is litigation? What does it mean when a lawyer says that he or she is a litigator?

A litigator is someone that represents individuals or companies in lawsuits. This includes the entire process from filing a lawsuit all the way through to a jury trial or a bench trial before a judge. You may be asking yourself, “Isn’t that what all lawyers do?”

“Isn’t that what all lawyers do?”

Despite this common misconception, largely gleaned from television and movies, most lawyers do not spend their days in courtrooms. In fact, the great majority of lawyers rarely make appearances in courtrooms at all.

Lawyers handle a broad variety of transactional matters including drafting wills for estate plans, reviewing and advising clients on asset purchase agreements or contracts, or negotiating business deals for their clients. The litigation process is long, and most of it has nothing to do with ending up in a courtroom.

  1. Litigation begins when someone drafts and files a complaint.
    In Pennsylvania this process can also begin by filing a “Writ of Summons.”
  2. It continues with the attorneys sending discovery to the other parties involved asking them for documents, to answer questions, and to admit whether facts are true or false.
    In addition, discovery involves taking depositions. Depositions are essentially private court appearances where a witness to a case sits before a court reporter and the attorneys involved in the case and answers various questions so that the information can be developed on the record for future use in the case.
  3. Litigation then involves the filing of various motions including what are called dispositive motions.This includes motions for summary judgment which are typically filed at the close of discovery in a case. Motions for summary judgment ask the court to rule that the other party’s case is dismissed as a matter of law or that the filing party’s motion should be granted and they should be given a judgment as a matter of law. Many cases are resolved by a judge at this stage without a jury trial.
  4. The last step in the litigation process is the trial.
    Sometimes it’s in front of a jury, sometimes it’s only in front of a judge. Regardless, the trial is the last step in the process. It’s the part of the litigation process that great television scenes are made of.

Litigation can also involve the appeal that happens after one party loses and then appeals the verdict to a higher court. Both the party and that lost and brought the appeal and the party that won will have to continue litigating against one another as the matter goes up on appeal before a new panel of judges who review the record to see if any mistakes have been made.

So, if you’ve been served with a lawsuit or wish to file your own, call the litigation attorneys at the Cornerstone Law Firm. We want to help you solve your problem today.