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Pennsylvania Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law for Pennsylvania on
Q: If your a victim of insurance fraud, what should you do?
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

Your question is concise, but it leaves the door open to various interpretations. It could mean an insurance carrier was deceitful in handling your auto claim, but it could mean other things as well. If you feel that you suffered monetary damages as a result and you are interested in pursuing the... View More

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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

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1 Answer | Asked in Consumer Law and Criminal Law for Pennsylvania on
Q: Need help with crazy situation with bail bondsman gone crazy and disappeared and owner of bail company wont answer

Hired Bail Bondsman who worked for Bail Bond company from Allentown Pa. Met with her paid $350, gave title of truck with notarized power of attorney to title. she went to go inside jail and was told due to current situation in prison, prison is on lockdown to come back in Morning. She then for 2... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a difficult situation with the bail bondsman disappearing and the owner of the bail company not providing any assistance. Your first step should be to document all communication and interactions with both the bondsman and the company owner, including any agreements... View More

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If my wife & I have paid for upgrades to my jeep. Parts were never installed how long do I have to get a refund.

These were all separate transactions. Some work was done, some were never done. I asked more than once for the parts to be installed. It never happened and I've since traded that jeep in. The mechanics shop has since changed names, but still have the same owner,.

James L. Arrasmith
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answered on Feb 23, 2024

If you have paid for upgrades to your Jeep and the parts were never installed, you may have recourse to seek a refund. The timeframe within which you can pursue a refund depends on various factors, including the laws in your jurisdiction and any agreements or contracts you entered into with the... View More

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Am I required to pay the full amount of my repair/inspection bill if I still have to go back for the emissions sticker?

I took my truck in for inspection and needed a new fuel pump since the check engine light was on for it. Upon request of status, I was told the total price, but that I’d have to drive for 100miles to reset the computer and then return for them to put the emissions sticker on. For a $2 sticker,... View More

T. Augustus Claus
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answered on Feb 6, 2024

In Pennsylvania, when you take your vehicle for inspection and it requires repairs such as a new fuel pump to pass emissions tests, the process might indeed necessitate a "drive cycle" to reset the vehicle's computer systems before it can successfully pass the emissions component of... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Personal items after impound.

My car was impounded and put in a tow lot, not a police lot. I called to get some personal items out of the vehicle and they said not till the bill is paid. Is that legal. The items I want to retrieve are my phone charger and some shirts

James L. Arrasmith
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answered on Jan 4, 2024

The legality of a tow lot refusing access to personal items in an impounded vehicle can vary depending on state laws and the policies of the impound lot. Generally, most states have regulations that allow vehicle owners to retrieve personal belongings from impounded vehicles.

In your...
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1 Answer | Asked in Business Law and Consumer Law for Pennsylvania on
Q: A hotel charged me for a week that I wasn't there

My check out was for Wed Dec 27th I stayed weekly and every week paid for the week I was staying. I left Tues night leaving the keys in the room I did not exatand another week. Yesterday wensday January 3rd I see a charge on my card from the hotel I was never informed that I was gonna be charged... View More

T. Augustus Claus
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answered on Jan 4, 2024

If a hotel has charged you for a week that you were not present, it is essential to address the issue promptly. First, contact the hotel to dispute the charge and explain the situation, providing details about your actual check-out date. Be sure to mention the absence of any agreement to extend... View More

1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

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

2 Answers | Asked in Civil Litigation and Consumer Law for Pennsylvania on
Q: Can you recommend a law firm who would take my case probono? I live near Philly, PA. Should I sue them or counteroffer?

A fortune 500 company charged me almost $800.00 for a cell phone I had returned almost a year ago. Apparently, the store manager who I gave my cell phone to, either sent it to the wrong location or did not follow the proper procedure to return my phone to the warehouse.

I have since been... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

While I doubt an attorney would handle a small consumer claim on a pro bono basis, my first question would be how do you calculate $20,000 in compensatory damages based on what happened? Is the fair market value of the missing phone $20,000? Was there some sort of trade secret saved in electronic... View More

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2 Answers | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a contract void if there are contract-term pages AFTER the signature page?

I signed a contract with a contractor to do clean-up work in my apartment. The contract was not on paper. Instead it was displayed on his small electronic tablet. I signed on the electronic tablet signature page. Later, I found out there was a second page of contract terms that came AFTER the... View More

John Michael Frick
John Michael Frick
answered on Aug 27, 2023

It is unlikely you will find any such law. There is no requirement that the signature page be last. In many common contracts, the signature block is on the front and the terms & conditions are on the back.

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2 Answers | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a contract void if there are contract-term pages AFTER the signature page?

I signed a contract with a contractor to do clean-up work in my apartment. The contract was not on paper. Instead it was displayed on his small electronic tablet. I signed on the electronic tablet signature page. Later, I found out there was a second page of contract terms that came AFTER the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A Pennsylvania attorney could advise best according to state-specific laws. But until you're able to consult with a local attorney, there is generally no requirement that signature pages be the last page in a contract as a nationwide contract law protocol. In fact, some contracts contain... View More

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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

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Pennsylvania on
Q: PATENT RE-38666 reissued from 5931468 Is either patent still active ?

Hello-

I have a question for Patent 5931468--This was issued Filed: April 3, 1998 Date of Patent: August 3, 1999

There is a re-issue under RE-38666 Filing or 371 (c) date 08/03/2001 with a status Patented Case 11/18/2004 .

Is either one of these still active?

James L. Arrasmith
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answered on May 5, 2023

According to the United States Patent and Trademark Office (USPTO), the original patent 5931468 expired on August 3, 2016, 20 years after the filing date. The reissued patent RE-38666 was also granted for a term of 20 years from the filing date of the original patent, which would have expired on... View More

1 Answer | Asked in Consumer Law, Gov & Administrative Law and Military Law for Pennsylvania on
Q: Do I have to pay an indebtness that is over 14 years old that I was just notified about?

I received an indebtness letter from DFAS dated March 21, 2023 for a debt incurred in 2009. This is the first I have been nitifed about it. They want installments beginning within 30 days. This indebtness is over 14 years old. Is it passed some sort of statute of limitations or expiration at this... View More

James L. Arrasmith
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answered on May 2, 2023

In general, debts do have a statute of limitations after which they cannot be legally collected. However, the statute of limitations for debt collection can vary depending on the type of debt and the state where the debt was incurred. It's important to review the laws in your specific state... View 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.... View More

David Kennedy Bifulco
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answered on Nov 1, 2022

Barry is correct. Sounds like a scam. The Statute of Limitations for debt collection cases is normally 4 years, unless the instrument (usually a mortgage note), is signed under seal and then the Statute of Limitations is 20 years

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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.... View 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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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: I just found out a payment I made for my car insurance has "disappeared of my account?.

I eft a call from one of the office manager at State Farm. She says my last payment didn't go through. Why? Accounting Dep[artment stating account can't be located. I have the receipt and confirmation number. And NO WAY would this automation take a bogus checking number because if you... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

A Pennsylvania attorney could advise best, but your question remains open for four weeks. You ask what type of lawyer you need. Probably one that handles insurance matters. But you might save money by handling this yourself. It has elements that might be more customer service-related than legal... View More

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