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Questions Answered by Daniel Edward Mueller
1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Pennsylvania on
Q: If I'm being sued for,more than the maximum amount that a court of common pleas can give what happens?

I'm being sued in Pennsylvania for 16000 dollars and I read that the maximum amount you can sue for in the court of common pleas is 12000

Daniel Edward Mueller
Daniel Edward Mueller
answered on Nov 7, 2023

You may be thinking of the Magisterial or Municipal courts. The jurisdictional limit in the Magistrates and Municipal Courts (small claims divisions) in Pennsylvania is $12,000, including attorney's fees. (It does not include post-filing interest and court costs.) If the case is over $12,000,... View More

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: My wife received an oral deposition notice from a law firm via certified mail looking to collect a +10 year old debt

My wife received an oral deposition saying that she is to appear and testify "in aid of execution concerning all of her income, assets and property, including personal property, which may be subject to execution in satisfaction of the judgment obtained by Plaintiff against [her] in the... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on May 10, 2023

It is possible that a creditor sued your wife on a debt, and, for whatever reason, she was never properly served. This might happen, for example, if the creditor cannot find the defendant and obtains permission for alternate service by mail or publication. If there is no response, the creditor... View More

2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

Daniel Edward Mueller
Daniel Edward Mueller
answered on Feb 14, 2023

Credit reporting does not affect the time in which a creditor can collect a judgment. A creditor with a money judgment in Pennsylvania can collect against the debtor's personal property, including money in bank accounts, for up to 20 years. In addition, as my colleague noted, judgments become... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c
Daniel Edward Mueller
Daniel Edward Mueller
answered on Feb 7, 2023

Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2)... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

Daniel Edward Mueller
Daniel Edward Mueller
answered on Jan 10, 2023

Based on the information you provided, bankruptcy may be an option. If unemployment is your main source of income and you have limited assets, it is likely that you qualify for Chapter 7 bankruptcy. However, there are other factors to consider, such as a spouse's income (if you are married),... View More

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2 Answers | Asked in Consumer Law and Collections for Pennsylvania on
Q: A collector that has been previously removed from my credit report keeps re-appearing as new account(s). What to do?

I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on May 31, 2022

I agree with my Pennsylvania colleague. It sounds like the creditor has verified the debt in response to the credit bureaus' investigations. However, if they are misreporting the matter (e.g., claiming a false last payment date, misrepresenting the nature of the debt, etc.), you may have a... View More

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed an appeal of dismissal of a bankruptcy order. Is the automatic stay still in effect since appeal is pending?
Daniel Edward Mueller
Daniel Edward Mueller
answered on May 3, 2022

The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.

Although the automatic stay is typically reimposed upon...
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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... View More

2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: I'm being sued in PA by a law firm representing a debt collector. How to proceed?

My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 21, 2022

It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... View More

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2 Answers | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: Should I file bankruptcy?

I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 2, 2022

As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.

That being said, Chapter 7 bankruptcy may help you eliminate most or...
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