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Questions Answered by Cary B. Hall
1 Answer | Asked in Collections for Pennsylvania on
Q: Can a collection agency try to get you for a repossession from over 10 years ago?

My roommate had her car repossessed back in 2006. She had just received a call the other Day from Global International Services saying they have been trying to get a hold of her for years but had her old address...saying she owes $7,000 for her car...otherwise they were going to garnish her... View More

Cary B. Hall
Cary B. Hall
answered on Mar 16, 2020

Probably not . . . unless Global actually has a judgment against her already. The statute of limitations for collecting on a civil judgment, however, is generally five (5) years, although the judgment can be "revived" for another five years if certain court procedures are undertaken by... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Which form(s) is/are the right form(s) to petition for custody and visitation in Newport, News, Virginia?

Father has had custody for three years.

Cary B. Hall
Cary B. Hall
answered on Mar 9, 2020

You're posing this question in a Pennsylvania law forum so, first, I'd suggest re-posting your inquiry in the Virginia law section. I'm sure you'll have much better luck there.

Second, you can check out the website for the county where Newport News lies. Sometimes...
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1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: New husband filed for adoption. I have legal.

I filed for contempt, next day got a court date from a mutual party that her new husband is trying to adopt.

Cary B. Hall
Cary B. Hall
answered on Mar 6, 2020

And your question is?

If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I re-open a custody case to obtain full custody on a shared custody that's final?

I share 50/50 with my son's father and both of us have him on a week to week basis. Two weeks after the the final hearing, and the order can in the mail, The father's house catches on fire. The house is in unlivable conditions. He did not inform me about the fire I had to find out from... View More

Cary B. Hall
Cary B. Hall
answered on Mar 4, 2020

Yes, you can file a petition to modify custody at any time, and you can ask the court to award you primary physical custody of your son. At worst, an initial hearing will be scheduled and you can hopefully get some answers to your questions.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My husband wants me to sign a paper stating I will never ask for child support. Is this legal?
Cary B. Hall
Cary B. Hall
answered on Mar 4, 2020

Not in Pennsylvania. It's against public policy. The reason is that child support is for the benefit of the child -- not the parent who nonetheless receives it -- and a parent cannot "bargain" that support away.

Best of luck to you.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I am in York pa. The biological parent (dad) has not contacted or seen my daughter for 8 years.

He now says he wants to see her. She will be 13 in 3 months. 8 years ago he said he wanted to see her for the first time. We were court ordered for visits. That has long ended 8 years ago. He also wrote a letter, 8 years ago to me his lawyer her school and a mediator stating he was cutting off... View More

Cary B. Hall
Cary B. Hall
answered on Mar 2, 2020

If there's a custody order -- and it sounds like there is, if you were "court ordered for visits" -- then you must follow the court's order. If you disagree with the order, or wish to change it based on the passage of time and changed circumstances since its entry, you can file... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I want to file for custody of my son but I don't know his father's address. Is there another way to get custody?

From what I've heard he's homeless not working an cant support himself. My son hasn't been in school for over 2 months now.

Cary B. Hall
Cary B. Hall
answered on Feb 27, 2020

You should contact the Montgomery Co. Office of Children & Youth ("OCY")immediately to let them know what's going on. Their contact information is located here:

https://www.montcopa.org/149/Children-Youth

They can take more immediate action than you can in a...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: In a custody order it is stated that the Father is responsible for Health Insurance. Who pays the rest?

Who pays the deductible and other out of pocket expenses? It does not say anything other than the father pays monthly support and Health Insurance.

Cary B. Hall
Cary B. Hall
answered on Feb 26, 2020

The parent with primary physical custody will pay all out-of-pocket expenses up to $250.00 during the calendar year for each child. Anything greater than this amount should be allocated between the parents by a percentage ordinarily contained in the child support order. That monetary amount could... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: How can my granddaughter get new lawyer

oyc took granddaughter child who is yr old she have been doing all that ask but the oyc worker is not happy with anything she does she has had 3 drug test passed them all she has talk to granddaughters mother who has told a bunch of lies to the worker who apparently believes her lies and her... View More

Cary B. Hall
Cary B. Hall
answered on Feb 25, 2020

Your granddaughter can hire any attorney of her choosing at any time. If she has a court-appointed attorney, however, or is being represented for free by a legal aid organization, *and* the feeling is that the "free" attorney isn't doing his/her job, then it might be time for the... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Hi, my mom whom I lived with when my daughter was born 6 years ago lied and convinced me at the time that she was

given custody of my daughter by the court I was 17 at the time and my Grandmother backed this lie up and has my daughter in Deleware, while my mom is in PA. How do I get my child back now? I found out that no custody order ever existed and its been six years. I live in Pa. as well

Cary B. Hall
Cary B. Hall
answered on Feb 25, 2020

If your daughter has been with your grandmother in Delaware for the past continuous six (6) months, then you'll need to file a custody action in Delaware -- and consult with a Delaware family law attorney about how to do that. Pennsylvania would no longer have jurisdiction.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I got an underage drinking charge and was wondering if I could get my license suspended. I’m under 18 years old
Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

No - that law changed last spring (2019). No driver's license suspension for underage drinking citations any longer.

Best of luck to you.

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... View More

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Our commercial lease agreement was signed almost a year ago, but we still have not been granted occupancy.

Is there anyway that the lease could be void or broken due to the length in time and the long wait period that we are losing for business opportunities?

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

Your answer likely lies within the lease terms, so you should review your lease carefully. If you're having trouble with that, then seek the assistance of counsel.

If the lease terms offer no guidance or solace, then you could most likely file a claim for breach of contract (since...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Help with an Underage.

I just received an underage from 3 months ago. My race is wrong on the report. Also, the person driving is trying to get his charges dropped by claiming the officer made an unlawful stop. How will all that affect my fine?

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

I don't think it will at all. Pay your fine as soon as you can -- and find a way -- and then be done with it.

Best of luck to you.

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: When can you be required to pay an attorney engaged by someone else?

A divorcing couple owned two houses. They agreed that Party B would get the better house and Party A would take their small and run-down first house. Party A could not get a mortgage for the property because too little was still owed on the original loan and nobody would write a mortgage for that... View More

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

Party B may want a helicopter too. Should Party A pay for it?

Sounds like Party A is not liable to pay the attorney bill because Party A never contracted with the attorney for legal services . . . but sounds like Party B did. So don't pay it.

Best of luck to you.

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Pennsylvania on
Q: Co op community daughter was pulled over gota dui and small amount of pot.shes not on my lease but lives here can i be

1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

I doubt it -- but I suppose you should look to the terms of your lease (instead of the DUI laws).

Best of luck to you, and her. If your daughter needs some assistance with her DUI case -- and there are legal traps for the unwary! -- feel free to have her contact me offsite.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Can I obtain free legal aid for my child who was assaulted

Original officers said they can’t do anything because the marks are no longer visible

Hit with a belt in head, back and neck

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

If you suspect the abuse was committed by an adult in charge of your child's care (like a relative), then you can certainly contact your local Children & Youth agency to report it. I see you're posting your question from Philadelphia, so you'd contact the city's Department... View More

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I need advice on a dui sentence in pa first offence in 2018 still have suspended license

Was sentenced a week ago and was incarcerated. License was suspended in 2018 and still suspended till 2021

Cary B. Hall
Cary B. Hall
answered on Feb 20, 2020

Then you should contact (and sit down with) an experienced DUI/criminal defense attorney to discuss. Not enough information given to help you here.

Best of luck to you.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If my accusor passed away earlier this month will my case be thrown out?

I was accused of forgery from a woman that I was doing landscaping for, she recently passed away and I received a plea agreement from the state, I have not accepted it, as most officers have told me that the case will be thrown out. What are my next steps from here, will this case be thrown out?

Cary B. Hall
Cary B. Hall
answered on Feb 17, 2020

Likely, but not necessarily. If she gave a statement to the police or District Attorney's Office before her death, there may be a way they can get that statement into evidence in a trial against you (as well as hearsay from her before her death as told to police officers, etc.). So... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can i get a misdemeanor possession of paraphernalia expunged? I plead guilty to having a glass pipe on me in 2018.
Cary B. Hall
Cary B. Hall
answered on Feb 11, 2020

It depends upon the county practice in which you pleaded guilty, and exactly how that plea was couched.

If you were accepted into your county's ARD program (short for Accelerated Rehabilitation Disposition), then satisfactory completion of that program ends with an expungement of the...
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