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Pennsylvania Small Claims Questions & Answers
1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
Q: If a person in pa was not authorized to drive a motor vehicle and was involved in a car accident does my ins pay out?

Does my insurance pay for the party who is not at fault vehicle damages?

Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

If that person was at fault? Or not? You aren't being clear.

If your vehicle was at fault, then your vehicle's insurance will pay for the driver's mistake. If the person was not authorized to drive that vehicle, the insurance may either a) not pay or b)pay under a...
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1 Answer | Asked in Lemon Law and Small Claims for Pennsylvania on
Q: Just bought a car from a private seller on monday. Now the next day car in shop with rotted frame. What can I do?

The car wasnt even in my posession. For 24 hours and had a good inspection sticker until next year. I used my savings to buy the car and need a vehicle for my job.

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 19, 2018

Private seller---they probably sold it to you as-is. Unfortunately there is not much you can do? If you paid with a check you can try to stop payment. Try to repair the car as best you can. I am sorry this happened to you.

2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Q: Co-buyers rights after a repossession and auction of said vehicle

I had a vehicle. While it was in my possession I made payments. When the vehicle was obtained by the buyer he stopped payments and would not return the car to me (co-buyer). I made many attempts to get the car back. I made a couple attempts to get the buyer to refinance. I was in constant... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 15, 2018

The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the...
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1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Q: Home inspection company billed for services that weren't provided and falsified reports. Can we sue them?

We paid the home inspection company additional fees to do a well flow test which needed to be done to obtain our FHA loan. They passed our house. After we purchased, we experienced issues with the well. The plumber/well driller we called failed our house for the well flow test and stated he worked... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 15, 2018

Yes you should be able to bring an action against the inspection company and the sellers.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Pennsylvania on
Q: My cat ran out of the house when the door was opened. She was hit by a car and the driver drove away in PA. Can I sue?

In Pennsylvania. My husband came home from work and she bolted out the door when he opened it. The driver who hit her came back and asked "if someone had hit the cat" but then drove away again. No police were called, I rushed her to the animal hospital where she was later euthanized. I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
Q: Dog ran out in rd at 9:36 from a farm house. Smashed my car. Can I sue? If so what is the process? Knock on their door?

Contacted police when I got home. Asked them this question. They didn’t answer, seemed concerned about dog and said they would go check on the dog and scene and I should file a AA600 that’s about it. So basically file a report...then what? Are they going to find out who lives at the house and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 20, 2018

I suggest you run it through your collision, they will go after dog owner and get their money plus your deductible. Faster and easier.

1 Answer | Asked in Employment Law, Family Law and Small Claims for Pennsylvania on
Q: Because I am a minor at 17 years old. Do my parents own all the money I work for?

I still live under my father's roof. I don't pay rent but I pay for my own things, gas and other small expenses. I was told that legally my father can take the money I have saved up.

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

No.Unless you put the money in an account under his name. If not in an account see if you can open one. Most banks have free savings accounts for those under 18.

1 Answer | Asked in Car Accidents, Small Claims and Civil Litigation for Pennsylvania on
Q: Can I file a civil suit against my neighbors for damage caused to my vehicle because of them filling 3 parking spaces

Everyone gets one space in our lot, and they know it. They had 3 vehicles parked there. 2 of them aren't even people who live with them, and my other neighbors had their vehicle parked there. I pulled in the lot not realizing they had three vehicles parked back there, and had no way to turn... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 2, 2018

It would be difficult because you could see the way things were at some point, have stopped, and worked your way out.

Put it another way, it usually isn't impossible to back out of something you got into--it may take time and a number of small moves, but is usually doable. Put it...
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1 Answer | Asked in Contracts, Small Claims and Consumer Law for Pennsylvania on
Q: I bought a truck about a year half ago in pa. Truck has frame rot bought as is. The rot is at rear shackles an its bad

I was wondering if you could put a law suit towards this. Yes it was as is but the frame was not made to my attention.

Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2017

Generally you buy a used vehicle as is, unless the seller said the frame was good. You would have to show that it was something seller knew about and failed to tell you. If you want to do it, send him a request for refund of the payment, and you can then file in small claims for the area where he... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Tax Law for Pennsylvania on
Q: Can I sue someone I paid for false pretense that they would help me get my driver's license and then they never do

I have been giving my father my full tax return for the past 7 yrs under the pretense he would help me get my license and he keeps refusing yesterday he made it clear he never will help me and he has the right to my money cause he took me to work even though I paid him $200 every 2 weeks. Can I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

It would depend on the amount at issue. It's not clear what he promised to do. He doesn't have a right to take it under false pretenses. Before you sue, make sure you establish independence by getting drivers training and taking the test.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: My son's locked dorm room was broken into and burglarized over Thanksgiving break. Is the college liable for the items?

The locks were inadequate and there are no security cameras at all on campus.

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Run it through your homeowners and let them go after the college. You can make a claim with the college, I'm assuming the police were notified. I wouldn't hold your breath.

1 Answer | Asked in Personal Injury and Small Claims for Pennsylvania on
Q: If my car was damaged on Septa property is SEPTA liable for the damage?

November 24th I came back to my car and found that someone had damaged window a back windshield and punctured a tire there's no cameras on this parking lot in my car was the only one in the lot

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Depends on what you were doing there. You can make a claim but it may be easier if you have comprehensive to run it through your company and they go after SEPTA

If you work there and are union, ask your union rep if member's property is covered.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: I'm in PA and I had a construction worker come do work and is now taking me to small claims court for final payment.

I found issues back in april I asked him to fix it april 18th and he never responded until 7 months later asking for final payment. I told him no and he never came back to finish the job back when I requested. He then asked for my key to my house to finish the work. I told him I don't trust... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Can you document that what he did wasn't in a workmanlike condition? Then do so.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Pennsylvania on
Q: My mother took my cat while I was in jail without my permission and gave him to her friend can I get him back?

When I went to jail for 9 months my daughter was to get my 9 yr old cat and keep him till I got out. My mom got him before she could and gave him to her friend telling that friend she could keep the cat. That friend knows me and also knows it was my cat, neither of them would tell my daughter or I... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Nov 22, 2017

Here is the problem, you are a parolee of some sort, if they report you, and can get the officers to take the case seriously (which won't be easy), you could end up getting violated for taking the cat. That means you could end up in jail if they call the police on you. You could always sue... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Pennsylvania on
Q: Suing prospective buyers for damage done during home inspection, can we repair before going to court?

We are selling our house, and had a contingent agreement. During the home inspection, the buyers brought coffee in with them, and spilled it on our rug, leaving a very noticeable stain. They admit that they did it, but no one is willing to take responsibility for correcting the issue; neither the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

Get estimates and present to they buyers and their agent.

You have a claim but it's not the strongest as you assume as with any guest you let in they may spill something. That happens when people come in.

I suggest you'll be better off for selling if you get the carpet...
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1 Answer | Asked in Small Claims for Pennsylvania on
Q: PA Small claims: I'm a plaintiff: I can't make my court date, can an attorney represent me, if I can't change the date?

Philadelphia, PA. I am taking my ex-roommate to court for damaged property. The case is scheduled for 11/13/2017, however, I just received a work assignment to be out of the country for 2 months starting 11/10/2017. I was told I will have to get the defendant's approval to change the date,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 19, 2017

Unless the attorney can change the date they can appear but your testimony is needed.

You can ask the court if they will move the date or rethink if it's worth the hassle.

2 Answers | Asked in Car Accidents and Small Claims for Pennsylvania on
Q: Florida resident in PA rear-ended stopped at construction zone by PA driver; how to collect diminished value?

My parents who are Florida residents were in PA visiting friends, and one evening they were stopped at a construction zone on a highway, and was rear-ended by a PA resident/driver. My parents insurance is State Farm, the other driver is insured by Progressive. State Farm insisted that they would... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 1, 2017

You need to repost this question under Pennsylvania tab as the accident occurred there and Pennsylvania law will apply.

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1 Answer | Asked in Criminal Law, Domestic Violence, Libel & Slander and Small Claims for Pennsylvania on
Q: I'm trying to get information on how to obtain an attorney on a pro bono basis?

My nephew is currently being held in the Wyoming County Jail on a ridiculous amount of charges. Neither him, nor my family feel as though his Public Defender is looking out for what's in his best interest, and would like to look into gaining a second opinion regarding his current legal issues.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 21, 2017

Most criminal defense attorneys do not do work on a pro bono basis. Many have surprisingly reasonable rates. Contact a few and see if you can find someone to work with. Alternatively, have your son sit down with his Public Defender and ask questions. A common complaint that I get from people... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Pennsylvania on
Q: Cousin left belongings w/me, left state, no contact 10 months, no ph # or add. Must I keep his belongings?

He stayed here a brief time after his house foreclosure. Allowed him to bring some belongings. He went to a friend in MD July 2016. Only contact from him was call about his mail early 11/2016. His cell ph. # is inactive. I have no idea where he is or friend's name. I needed the space back in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

You have done more than enough. Does he have email? Facebook? Contact his parents? Need to give him notice but if you don't I don't see a court doing anything to you. I'd make a survey of the items.

1 Answer | Asked in Small Claims and Car Accidents for Pennsylvania on
Q: I was driving on a pa route 1 while landscapers were cutting grass with a weed walker. They shattered my side window.

The worker admitted they were small rocks than I spoke to his supervisor he said that did not happen

Than left when I called the police. I have pictures of his truck and have the name of the company. I waited an hour for the police to come, never showed. What can I do? Was simply driving home

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2017

Get an estimate, make a copy, send it to the company; file a police report. If your collision pays it they will go after them but assuming you have a $500 deductible that's not worth it.

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