Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Who own the property? The bank ejected us while they were not the current owner of the property.

The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I had left my drivers license at a store and they called me and told me I could come and get it, by the time I went to

Get it they had shredded it, should they have to pay for it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

In your situation, where a store shredded your driver's license after notifying you to retrieve it, there are a few considerations. First, it's important to understand that while businesses often have policies for handling lost property, there is generally no legal requirement for them to... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I agreed to do some work for someone and Do a rent to own agreement for the work know they don't want to pay

I agreed to do the work for a rent to own agreement and when the agreement was written up it wasn't the same agreement that we talked about and know they don't want to pay me for my work

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

If you agreed to perform work under the condition of a rent-to-own arrangement and the written agreement does not reflect the terms you discussed, you may have legal recourse to seek compensation for your work. In Pennsylvania, contracts are generally enforceable if there is a meeting of the minds,... View More

1 Answer | Asked in Civil Litigation and Intellectual Property for Pennsylvania on
Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?

Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that... View More

1 Answer | Asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: Is this cause for a lawsuit?

We parked in a lot for a Steelers football game. It looked legit but the parking lot attendant taking money did not own the lot. We went to get our car and it was towed at our expense. The fraud lot attendant did get arrested and we were told that after their trial we would get refunded the money.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

In this situation, considering a lawsuit is understandable given the inconvenience and expense caused by the fraudulent parking lot attendant. The fact that the attendant was arrested and a promise of refund was made indicates acknowledgment of the wrongdoing.

For a lawsuit, you would need...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: I have someone who owes what to me us a large amount of money. I need a lawyer but I have very limited resources

I have texts from Def. Proving that he has my stuff and said he would send me my belongings and that he will pay me back what he owes me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

If someone owes you a significant amount of money and has acknowledged this debt through texts, these communications can be used as evidence in your favor. You might consider seeking legal assistance, even with limited resources; many attorneys offer free initial consultations to assess the... View More

View More Answers

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

View More Answers

3 Answers | Asked in Civil Litigation, Estate Planning, Landlord - Tenant and Probate for Pennsylvania on
Q: Can an executor of a will evict family members from a house? Need to sell.

The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 2, 2023

As a follow-up, from your question, I assumed that the Will naming you as Executor has been presented to and accepted for the opening of a probate case by the Registrar of Deeds/Probate Court.

However, even absent that fact, there is judicial precedent in PA that real property passes to the...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Estate Planning, Landlord - Tenant and Probate for Pennsylvania on
Q: Can an executor of a will evict family members from a house? Need to sell.

The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 2, 2023

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

View More Answers

3 Answers | Asked in Foreclosure, Civil Litigation and Civil Rights for Pennsylvania on
Q: How can I move my civil case forward when judge stated that the case is not yet close
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 5, 2023

I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming...
View More

View More Answers

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: If I prove a surveyor committed perjury on his Affidavit used in a property dispute will the ruling be overturned

I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.

I have Solid proof. This surveyor had to determine what... View More

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

Be aware that a mistake is not perjury.

You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.

The general rule for a motion for new trial based...
View More

1 Answer | Asked in Car Accidents and Civil Litigation for Pennsylvania on
Q: Good Morning, I would like to know about the compensation that i was awarded previously
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. This sounds like something your attorney would know best if you were represented in the case. You could call your attorney's office and check with them. Also, if you have a folder with closing documents... View More

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... View More

3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... View More

View More Answers

3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.