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Pennsylvania Collections Questions & Answers
1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

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Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.

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3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

Assuming there's no statute of limitation issue, the lender can sue to foreclose the loan and your interest in the house.

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3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2022

There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... Read more »

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2 Answers | Asked in Collections for Pennsylvania on
Q: Can I be sued because my payments aren’t high enough for the collection agent?

I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 9, 2022

Yes. You can't just send a payment amount that you can afford without an agreement that your payments are acceptable. Suppose your debt is $10,000.00 and you are making monthly payments of $20.00 without an agreement that the at $20.00 is acceptable.

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1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: I got a call from a debt collector and told them to stop calling me. They said they'd only do so for a 30 Day period.

Does this violate the FDCPA

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Aug 28, 2022

They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... Read more »

1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: Can I revoke Limited Power of Atty with Asset recovery company? They stopped answering questions once I signed.

The tax borough told me they could hold the funds up to three years. I went to them in February 2022 with a notarized letter requesting my funds. They told me they needed it in order to release my funds. The tax borough said check back in a year! I received a letter from this Asset recovery firm... Read more »

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Jun 16, 2022

Sounds like you may have been scammed. If I understand correctly this Asset Recovery company had you agree to have the check sent to them so they could cash it and take their fee. You should speak with an attorney and have the agreements and paperwork reviewed. You may be fine, but it also may... Read more »

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

2 Answers | Asked in Estate Planning, Collections and Probate for Pennsylvania on
Q: My father recently passed, resided in PA and had no assets and or no estate He did have over $30,000 of sole-owed debt.

Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... Read more »

Stephen M. Asbel
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Stephen M. Asbel
answered on Jun 2, 2022

As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... Read 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... Read more »

David Kennedy Bifulco
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David Kennedy Bifulco PRO label
answered on May 31, 2022

You should contact a local consumer credit attorney to review your credit report and the information you have on the account being reported. An unpaid account can remain on your credit report for 7 years. If you dispute the account and they validate it with the credit reporting agency it will... Read more »

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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... Read 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... Read more »

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2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 4, 2021

(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.

(2) Other than that, on January 1st, 2022, file your 2021 return, show the...
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2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Is it legal for an rental property to reject your rental application because you have debt in collections.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 22, 2020

Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »

1 Answer | Asked in Banking and Collections for Pennsylvania on
Q: My wife has a credit card that she continues to use after there were discussions to eliminate it.

I have no idea on the balance or what she has charged on it, and she refuses to show me. She's using our Money Market to make payments, which have ranged from $700 - $1200 / month. How can I legally obtain access to review that account, so I can properly proceed with budgeting and/or further... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 27, 2020

If you are not an authorized signator on the credit card account, you would only be in a position to compel disclosure in either a domestic relations or bankruptcy court setting.

Her refusal to share details with you about that account is foreboding. Perhaps, to make it "fair",...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Copyright, Collections, Patents (Intellectual Property) and Trademark for Pennsylvania on
Q: I want to use the tune to ColePorter's song "Anything Goes" with new lyrics on Youtube. Do I need copyright permission?
John B. Hudak
John B. Hudak
answered on Jun 17, 2020

Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »

1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Q: Is my wife allowed to keep my part of the money the government sent out

Been seperated for 2 months and she ordered a new card and got mine canceled behind my back so she could keep it and told me i couldnt do anything legally about it is she right

Cary B. Hall
Cary B. Hall
answered on May 8, 2020

She's not right. At worst, you'll get a credit for the amount she took in any ultimate settlement between you two. At best, you could file an emergency motion with the court demanding that you get your share.

Best of luck to you.

1 Answer | Asked in Collections for Pennsylvania on
Q: Is this debt collector legitimate and should I pay?

I received a call from a debt collector for a small debt of 167 dollars. I was given a registration code and website link to pay the debt. When I go to the website, it requires the last 4 of my SSN and my ZIP code. Is this information safe to give out and should I pay the debt to them? The... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2020

Transworld is big, and I wouldn't give them your information. Tell them you want to know the basis of the debt.

Who is it from. What's the documentation. etc. You want the dates of service, etc.

Get the address, write them a mail letter. keep a copy.

Your mantra...
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1 Answer | Asked in Contracts, Collections and Sexual Harassment for Pennsylvania on
Q: I receive two letters from two different lawyers and I need a lawyer

I was hired to write and direct a stage play. The guy promised to pay me and the actors even if the play was canceled. The man ha yet to pay me or the actors. and I received two letters from lawyers on his behalf. both of his claims are false. however, I have been giving a week to respond to one. I... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 23, 2020

The "one week to respond" is baloney---but hard to tell if they are saying you have one week to do something you are obligated to do under the contract....different.

It's hard to tell without knowing the facts. You can call for a free consultation and I can better direct you.

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