November 10, 2014 - In This Issue:
    
Beware 
of 
Wage Theft!

Did you know?


 

Minimum Wage:

Tipped employees must receive wages from the employer at an hourly rate at least equal to the "tipped minimum wage" ($2.13 per hour under Federal and Virginia Law; $3.63 per hour under Maryland law; and $2.77 per hour under District of Columbia Law).


 

Overtime Wages:

Non-exempt employees must be paid for hours worked each week in excess of forty (40) at the overtime rate of one-and-one-half (1�) times their regular rate of pay.  

 
WHAT TO DO: 

 Do you think you may be a victim of wage theft?  If you would like your attorneys at MLG to investigate whether you may be entitled to recover unpaid overtime wages, call Lawrence Regan, Esq. or R. Manny Montero, Esq. at (301) 588-8100 for a free telephone consultation.

 

















R. Manny Montero, Attorney
Mobile: (240) 475-4848

Jude Wikramanayake, Attorney
Mobile: (301) 335-5300

D. Scott Messersmith, Attorney
Mobile: (301) 395-0187

Michael A. Ostroff, Attorney
Mobile: (443) 542-8361

Victoria Dinkin, Attorney
Mobile: (240) 643-5538

Lawrence F. Regan, Attorney
Mobile: (301) 704-8979





PERSONAL INJURY
Litigation Success

MLG attorney Jude E. Wikramanayake recently obtained a verdict in excess of $22,000* for a client who had less than $6,000 in medical bills and other specials.  Although the injury could have been viewed as a fairly minor "soft tissue" trauma and there was minimal property damage, Mr. Wikramanayake introduced evidence of substantial pain and suffering, inconvenience, and other damages, which resulted in a very satisfactory verdict.  The verdict was over three times the latest offer submitted by the insurance company to settle.  Insurance companies routinely deny legitimate claims when a vehicle does not show any extrinsic evidence of significant damage.   Montero Law Group's recent verdict shows that by presenting the appropriate evidence in court, insurance companies and negligent drivers can be held accountable and deserving claimants can be compensated accordingly. If you or a loved one have been the victim of negligence, contact the personal injury attorneys at the Montero Law Group for a free consultation to evaluate your claim.  

*Past performance is no indication of future results - all cases are determined on an individual basis.  

BANKRUPTCY

MLG Seeks Sanctions in Federal Bankruptcy Court for Violations of Discharge

In two recent cases, MLG attorneys are seeking sanctions alleging creditors violated our clients' bankruptcy discharge.

In one case, a commercial landlord who received notice of our clients' bankruptcy filing failed to withdraw a writ of body attachment (comparable to a bench warrant) and our client was incarcerated long after the discharge had been entered. After our client posted a $4000 cash bond to secure his release, the creditor sought to keep the bond money rather than return the bond to our client. MLG Attorney Larry Regan filed to reopen the closed bankruptcy case and then filed a motion for sanctions: "We are seeking compensatory and punitive damages and reimbursement of all attorney's fees and costs. The 'Fresh Start' represented by the discharge is the cornerstone of bankruptcy relief that all debtors ultimately want. Creditors cannot be allowed to feel that they can violate the discharge with impunity."

In the second case, the holder of a defective second mortgage which had been discharged in a prior Chapter 7 bankruptcy was harassing our client for payment on threat of foreclosure. Although mortgage liens normally pass through bankruptcy, in this case MLG argued that certain defects in the mortgage documents prevented the mortgage from becoming a lien at all. Therefore, upon entry of the discharge, no debt reamianed. MLG Attorney Michael Ostroff commented: "The mortgage company in this case has continued to harass the debtor despite repeated notice of the discharge and explanation of the defective nature of the alleged lien. We are seeking the full range of sanctions to deter future misconduct by this creditor and others."

If you or someone you know needs a bankruptcy attorney who is ready to fight for your rights, contact Montero Law Group for a free consultation

Call 301-588-8100 to schedule your free initial consultation.

IMMIGRATION

MLG Obtains Special Immigrant Juvenile Status Visa for an Unaccompanied Minor

In a recent case, Montero Law Group filed a petition with the United States Citizenship and Immigration Service (USCIS) on behalf of a client from Guatemala, asking that USCIS grant the client a Special Immigrant Juvenile Visa.  

 

Like many youths from Latin America, our client left Guatemala due to a lack of parental care and educational opportunities.  At age 14, our client was abandoned by his mother and was forced to quit school and work in the fields to support himself and his siblings.  At age 16, he made the journey to the United States with the hopes of reuniting with his father.  However, our client was detained by immigration authorities and placed in deportation proceedings. 

 

Upon release to the custody of his father, the client, with the help of the Latin American Youth Center and Catholic Charities, retained Montero Law Group to represent him on a pro-bono basis.  Montero Law Group filed a petition for custody on behalf of the client's father and obtained the prerequisite Order from the State family court.  With the Order, we were able to file a petition for Special Immigrant Juvenile StatusNow that the petition has been approved, we will be seeking to terminate the deportation proceedings against the client, and assist the client with his application for Permanent Residence, or "green card."  The "green card" will enable the client to attend college and pursue his dream of becoming a high school teacher. 

 

If you or someone  you know is the caretaker of a minor who fled their home country because of lack of parental care, neglect, or abuse, contact us at 301-588-8100 for a free consultation to determine whether the minor is eligible for Special Immigrant Juvenile Status. 
"Providing High Quality Representation to a Diverse Community" 
  


Executive Court
1738 Elton Road, Suite 105
Silver Spring, MD 20903
Tel: 301-588-8100

 

Parole Professional Center
132 Holiday Court, 

Annapolis, MD 21401

Tel: 410-267-0012


 

Fax: 301-588-8101 

 

www.monterolawgroup.com



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