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Pennsylvania Collections Questions & Answers
1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: what about credit card debt when you are dead?
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: what should I do to get the full amount he owed to me, including the accrued interest?

Since October 2021, an individual has been indebted to me for $30,000, with a 10% monthly interest fee agreed upon by both parties. He failed to make any further payments after the first 2 months. Despite my numerous attempts to remind him of this obligation, he has not taken the necessary steps to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 14, 2024

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

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.
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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...
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1 Answer | Asked in Collections for Pennsylvania on
Q: I settled with a debt collector money order never arrived at the destination

I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 4, 2023

Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you. The "collector" charges a fee for its service, and that fee is passed along to you, whether disclosed or not.

You should be able to get your...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Can social security be garnished for credit card debt in PA?

My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 18, 2023

While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.

To fend that off, most...
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1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: I just got a bill from a plumbing company. Work was done by the guy he bought out and he billed me right before he sold.

The original plumber sent me an unitemized bill one year after the work. The verbal quote was less than 1/3 of the bill. I asked for more information. He sold the company. I called the new owner and he said I did not have an outstanding bill and all was good. One year later he bills me for the work... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 17, 2023

"Can he"?

Sure. Anybody with a couple hundred dollars for the court costs can sue anybody else for any reason.

But can the plaintiff win on what gets filed?

There's the rub, lol. From what you say, it sounds like this plumber's claim would fail. BUT,...
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1 Answer | Asked in Civil Rights and Collections for Pennsylvania on
Q: How to respond to a collecting agency mail letters and calls?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2023

Keep track of all calls and letters, and any other form of contact, including any efforts to contact you or your employer at work. Applicable laws may entitle you to make a successful claim against the collector.

If you engage counsel, a simple letter from you or counsel to the collector...
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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

James L. Arrasmith
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answered on Sep 8, 2023

You can indeed assert exemptions to protect certain assets from creditors, even outside of bankruptcy. While SSDI income is generally protected from garnishment, creditors might still attempt to seize assets such as your car or personal belongings to satisfy the debt; however, you can claim... View More

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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

David Kennedy Bifulco
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answered on Sep 3, 2023

For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... 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 Collections for Pennsylvania on
Q: Does transferring a civil judgment from one county to another in PA restart the statute?

judgment was granted in 2001 in Westmoreland county, transferred to Allegheny in 2012. Can we execute on it, or has it passed the SOL?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 28, 2023

A judgment rendered by a PA court goes "dormant" after five years of inactivity, but may be kept "alive" is the creditor executes on the judgment, or issues discovery in aid, within that five year period.

A judgment rendered by a PA District Court (small claims, under...
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1 Answer | Asked in Employment Law, Business Law, Car Accidents and Collections for Pennsylvania on
Q: Can independent contractor bill a person for lost wages

.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2022

You would have to see a lawyer to determine whether you can sue the other party for lost wages. Employment laws vary from state to state. I think you'd have a tough time proving that you lost income as an independent contractor. W2 employee income is known and predictable, but yours isn't... 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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3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2022

There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Pennsylvania on
Q: I can't be at my debt collection lawsuit, what should I do?

I retired early overseas in Asia after me and my wife developed health issues after covid. I left a good bit of unpaid credit card debt behind in the US that I can't pay. All I have is my small OPM federal retirement pension via direct deposit to my US bank account each month and no other... View More

James L. Arrasmith
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answered on Aug 15, 2024

If you're unable to attend your debt collection lawsuit in the U.S., it's important to take some steps to protect yourself. Ignoring the lawsuit might lead to a default judgment against you, which could complicate matters further. Instead, you can consider responding to the lawsuit in... View More

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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: Someone owned me 60k. Promised to pay back when he sold the house. He sold it and refused to pay back.

Since September 2021, he owed me $30,000. he agreed to pay a 10% interest fee each month, I lowered the interest fee to 5% after a year, yet he still did not make any payments. In February 2024, he assured me that he would sell the house and use the proceeds to pay back the money. When I contacted... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You ask about referrals. There are no referrals here but there is a "Find a Lawyer" tab you could use to supplement your own searches. There are also referral sections of local and state bar... View More

2 Answers | Asked in Banking, Business Law and Collections for Pennsylvania on
Q: Can a merchant pursue a customer after losing a dispute case with American Express?

I rented a vehicle from SIXT at Lisbon Portugal Airport in August 2023.

Regrettably, the rental car provided by SIXT had pre-existing windshield damage.

• Due to the low light in the garage crack was not visible.

• On September 15, 2023, SIXT charged my credit card... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Yes they can.

Your options are to file a lawsuit or defend a lawsuit they may bring.

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2 Answers | Asked in Collections for Pennsylvania on
Q: Money is tough right now. I am debating giving my car back to my finance company. I live in PA.

I could owe them over 20,000 after they sell it, moved to much equity to high interest loan in 2019. During the pandemic I skipped payments basically still owe what I paid for it. Are the chances of a lawsuit from them high?

T. Augustus Claus
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answered on Jul 5, 2023

If you voluntarily choose to give your car back to your finance company, it is possible that they may still pursue you for the remaining balance on the loan. This is known as a deficiency balance, which is the difference between what you owe on the loan and the amount the finance company is able to... View More

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1 Answer | Asked in Collections and Small Claims for Pennsylvania on
Q: what if I got a judgment of $ 12000 how they can collect this amount I'm 75 and my pension only $ 900 a month
David Kennedy Bifulco
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answered on Apr 27, 2023

Without more information on your particular financial situation it is not possible to give you a complete answer. Regarding your Social Security payments they are protected from collection. You may have other assets that they can attach so you will want to contact an attorney with experience in... View More

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