Bernstein-Burkley, P.C. Advisory
In this quarterly issue of Bernstein-Burkley, P.C.'s Agency Advisory, our attorneys write about a number of issues. The articles in this Advisory focus on understanding the Home Improvement Consumer Protection Act, how to prepare for litigation and confession of judgment under Pennsylvania Law. We encourage you to share these articles with others who might benefit from the information.
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Preparing for Litigation
When a client makes the determination to send a claim to a law firm, one of the most important steps is to be prepared for the obstacles you are likely to face throughout litigation. If you believe that you have a valid claim and intend to file suit in the future, it is important to do a number of things to be prepared for contested litigation. Although the large majority of all lawsuits are resolved without the need to attend a trial, there are still things that must be done before trial that can be difficult for a client to manage within the relatively brief time frames that Pennsylvania Rules of Civil Procedure set forth. |
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Confession of Judgment Under Pennsylvania Law |
As a creditor perhaps there is no greater tool than a valid confession of judgment clause within your written agreement with a customer. Imagine a customer fails to make payment on its commercial credit account. Now you must decide whether or not to hire an attorney and initiate a lawsuit. However, the last time a lawsuit was filed on one of your accounts it was months, maybe longer, before you received payment.
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Understanding the Home Improvement Consumer Protection Act
The Pennsylvania Home Improvement Consumer Protection Act ("HICPA"), is a fairly recent law that substantially impacts the rights and duties of both consumers and contractors. The purpose of the HICPA is to regulate and offer additional guidelines for the transactions that take place between consumers and contractors.
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