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Pennsylvania Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Pennsylvania on
Q: Customer owes money. How can we collect payment?
Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

Ask. Letter. Then one certified return receipt. Then sue them in the District Justice Court.

1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Estate Planning, Probate and Small Claims for Pennsylvania on
Q: My father passed away in early January. We live in Pennsylvania and he passed away without a will.

He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... View More

Michael Cherewka
Michael Cherewka
answered on Mar 24, 2021

First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... View More

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: customer owes me $. Can I sell their product to make up money that is owed?

My company did work for a client. They refuse to pay their invoice. By accident one of their vendors sent me their merchandise. Can I sell that to recoup my losses?

Peter N. Munsing
Peter N. Munsing
answered on Feb 28, 2021

No, that would be conversion, or theft. You can return the product or tell the customer and ask if he would like you to sell it and charge the proceeds against his account to you. And/or you can take him to small claims.

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: Can you be sued for defamation of character if you didnt complete a job for someone and stated why to them?

I have a cleaning company, the client complained that we did mot finish few things, i told her the reason why was my crew saw a bug that they thought to be a roach and did not want to return., i offered to return 3 seperate times myself even though i saw a dead one., she refused and asked for... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

It is not defamation or slander if the conversation is between the two of you. Defamation and slander require that there be some public statement. Do not, by the way, discuss this on facebook or any social media--that's where people get into trouble!).

All the best.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: What is the statute of limitation to take somebody to small claims court?

I helped a friend pay for a very expensive cat surgery (3k) by using my credit. I only used my credit because we agreed they would help me in making payments. It's been 3 years and they have not helped me at all. They stopped talking to me and anytime I ask for assistance, I get ignored. My... View More

Kent Petry
Kent Petry
answered on Oct 22, 2020

In Pennsylvania, the statute of limitations on a contract, oral or verbal, is four years. The same is true for unjust enrichment actions. You would likely bring suit under either or both of those causes of action, so from what you have said it appears you may be within the statutes of limitation... View More

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Pennsylvania on
Q: If I have a defective product resulting into a damage to my car by fire. Can I sue?

It was a product I got from harbor freight to stop welding spark and it failed by a hole being burnt through the blanket and catching the car on fire

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2020

A Pennsylvania attorney could advise best, but your post remains open for two weeks. It sounds like you're talking about a welding blanket. You could contact a Pennsylvania attorney to discuss - it would take investigation and possibly trial to make the determination of defectiveness. It could... View More

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Can I be sued for a chimney (that was fixed before settlement) 2 years after the house was sold?

I sold my house on January 16, 2018. the buyers walked through the house and approved all the requested improvements before settlement which took place that day. I now received a civil order that they are suing me 2 years after for repairs to the chimney which was completed before settlement - I... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

you should respond. Find out from the realtor you used if there is any coverage for legal fees for this.Generally, the house is sold as is, and your agreement of sale should say that.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Divorce for Pennsylvania on
Q: I purchased a house and my wife had just her name put on the deed. She refuses to add my name. What do I do

My wife and I purchased a house in mckean county which I paid for. Ahe doesnt work. She contacted the attorney and told them to put only her name on it. They didn't contact me to see if it was ok. However my wife is refusing to put my name on it and now I have a feeling she is going to sell it... View More

Cary B. Hall
Cary B. Hall
answered on Nov 21, 2019

I suggest filing a "lis pendens" against the property in McKean Co. in the Prothonotary's Office there. Anyone looking to purchase that property in the future should see that there is a cloud on the title with that filing.

Best of luck to you.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: How many laws are there in Dominican Republic?
Tim Akpinar
Tim Akpinar
answered on Nov 22, 2019

You would be best off consulting with someone who practices there; it could also be helpful if you narrowed your inquiry to a particular area of law for a meaningful response from an attorney. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: Gym Fees

My Gym membership was on auto renew but he messed up and did not charge me, once he realized he messed up he sent me an email said welcome for the gift. We fulfilled another year membership but wanted to cancel but he said we owe him for the time he was not charging us. Are we liable for those... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2019

It would depend on the terms of the contract. You could have a Pennsylvania attorney review the contract and all communications between you and the gym to to explore whether there is a possibility of disputing the charges. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Pennsylvania on
Q: PA mechanic still has car one year later.

I was told that needed a head gasket one year ago. Was told (verbal only) $1,000 estimate and 2 weeks time frame. That was almost a year ago. Last time I saw the car was 6 months ago and it was still torn apart. At this point, I don’t even want the car (Book value of $3,500) back, I just want to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2019

Storage fees or labor expended so far could become an issue. But hopefully, that could be something to negotiate if you're contemplating leaving the shop the car (and they are interested in taking it). Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Traffic Tickets and Small Claims for Pennsylvania on
Q: I was wondering if its harassment when I can't step outside my house without my neighbor calling the cops.?

So my neighbor has been causing me problems for some time now, telling the rest of my neighborhood and my small town that I cook meth and I am a drug addict and how I steal from every where, I believe she has gotten me evicted from my apartment although my landlord is trying to say its for non... View More

Elizabeth Tarasi
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answered on Aug 14, 2019

You need to report uyour licesne plate stolen and you need to obtain a license plate.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Pennsylvania on
Q: I filed a eviction for non-payment of 2 months rent ,damages,and utility bills which were never payed. We go to court.

She reveals she left a few days ago and claims harassment from a third party phone call by a relative of mine. Which was news to me and sounded bad to be honest . The judge decides she doesn’t need to pay us back anything . But now that she has left there are unpaid ullity bills,the house is a... View More

Elizabeth Tarasi
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answered on Aug 14, 2019

I would file the appeal. Also report her.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: I was sold Counterfeit baseball cards I spent over $5000 on them
Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2019

You need to notify the police and/or the AG's office. Witnesses are good if anyone heard what was said.

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: I bought a dog for 100 bucks which included dog and accessories. And was not giving all accessories

I paid girl 50 last week nd she was supposed to get other 50 today but failed to provide the dog cage which was part of add she sold it or whatever so i.told her I wont give her other 50 until i get cage. She has now said she is going to take me to court . I wanna know if I'm in the right

Peter N. Munsing
Peter N. Munsing
answered on Jun 14, 2019

You were prepared to go ahead with your end of the deal and she wasn't. You are correct. However often there is something else left out. Does she now say the cage wasn't part of it? If so there is no agreement--you think it's A she thinks it's not A but B ---and if no agreement... View More

1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Q: I have a considerable amount of trees along my neighbors border. He is ignorant, selfish and abusive. When my trees fall

down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten

and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within

my property. Can I drag the part that lays over... View More

Mark Scoblionko
Mark Scoblionko
answered on May 6, 2019

You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.

Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Hit by a drunk driver, the drubk drivers insurance has assumed full liability for repairs, I disagree with repair value?

I believe I should be entitled to have what I had "before". The insurance co and I disagree on the repair procedure, a difference of probably less than $2000.

Tim Akpinar
Tim Akpinar
answered on May 26, 2019

If your vehicle is in a collision shop, property damage adjusters will sometimes revisit the vehicle to review the estimates of the shop against their own estimates after doing another walk-through of damages.

Tim Akpinar

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: Isn't agreeing to buy something on line a binding agreement?

I am trying to purchase an ( a credenza) item via Facebook Marketplace. The seller agreed to my offers twice. Then her husband wants more is $$ for this item. Her's was listed Wed, March 3-20. I agreed to purchase it at the her asking price on 3-21. Then on 3-22 I received an alert through... View More

Elizabeth Tarasi
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answered on Mar 25, 2019

Unfortunately if she is not going to be cooperative you will not be in a position to purchase the item. I would back off and disappear for a bit. When she doesn't get any other offers she will attempt to contact you. By the way what is so special about this piece of furniture?

1 Answer | Asked in Small Claims for Pennsylvania on
Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa
Peter N. Munsing
Peter N. Munsing
answered on Dec 14, 2018

Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.

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