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Pennsylvania Contracts Questions & Answers
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?
My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More 
Kathryn Hilbush
answered on Mar 23, 2025
answered on Mar 23, 2025
First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More
Q: Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.
I received an email from a pre-litigation company about a credit card debt with HSBC that was supposedly charged off in 2016. The representative mentioned that the debt was purchased by a law firm and could be pursued for breach of contract under a 10-year statute of limitations. I have lived in... View More
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W. J. Winterstein Jr.
answered on Mar 14, 2025
answered on Mar 14, 2025
A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.
You appear to be correct about the length of PA limitations.
Note that the PA statute of limitations runs from the date of default. That period may be extended,... View More
Q: How to resolve name discrepancy for power of attorney in PA?
My uncle was born as Patrick James Gallagher, but he has always gone by James or P. James. Some bank accounts list him as James J. Gallagher. We are having trouble obtaining a power of attorney because the names don't match. We were informed that a notarized document is needed, but we're... View More
Michael Cherewka
answered on Feb 21, 2025
answered on Feb 21, 2025
when drafting the POA you should have the attorney list every name variant above as A/K/A (also known as) and there should be a separate signature line for each A/K/A.
the first name and the most important one is the name on your uncle's driver license since he has to provide a copy of... View More
Q: Statute of limitations for collecting back rent in PA with partial payments
I need information on the statute of limitations for collecting back rent in Pennsylvania. I have a written lease agreement, and the back rent has been due since January 2016. There have been no court proceedings or formal communications with the tenant regarding the back rent, although there have... View More
David Kennedy Bifulco
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answered on Feb 17, 2025
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answered on Feb 17, 2025
At this point if there has not been a payment in the last 4 years the debt is not collectable through the Courts. Also, since it is so old it is unlikely that it will be successful in litigation. Most Municipalities and Landlord Tenant Courts require a rental license and valid inspections. If... View More
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?
The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More
Joseph Korsak
answered on Aug 31, 2024
answered on Aug 31, 2024
I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.
You should be looking for other... View More
Q: Can insurance company deny claim if the claim isn't reported within the time contraints that were in the contract?
A tree fell on my house in April. It didn't look like a like a lot of damage. However 2 weeks later there is significant down pour and water is coming in through the roof. It is past the 14 days the incident actually happened, but because it didn't rain, you didn't know there was... View More
Tim Akpinar
answered on Jun 14, 2024
answered on Jun 14, 2024
A Pennsylvania attorney could advise best, but your question remains open for a week. Yes, they can deny for not being placed on notice of the claim in a prompt manner. However you raise some valid points of your own, being the policy jacket and not being aware of the water incursion until the... View More
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
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W. J. Winterstein Jr.
answered on Apr 24, 2024
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
Q: If my wife & I have paid for upgrades to my jeep. Parts were never installed how long do I have to get a refund.
These were all separate transactions. Some work was done, some were never done. I asked more than once for the parts to be installed. It never happened and I've since traded that jeep in. The mechanics shop has since changed names, but still have the same owner,.
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James L. Arrasmith
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answered on Feb 23, 2024
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answered on Feb 23, 2024
If you have paid for upgrades to your Jeep and the parts were never installed, you may have recourse to seek a refund. The timeframe within which you can pursue a refund depends on various factors, including the laws in your jurisdiction and any agreements or contracts you entered into with the... View More
Q: My employer has paid for a class. I was given a NDA from the organization teaching the class. What can I disclose?
They received money for a class. Do they have to declare something is confidential to be covered? Can my employer ask me to share what I learned with management and staff?
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T. Augustus Claus
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answered on Feb 8, 2024
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answered on Feb 8, 2024
In Pennsylvania, when you sign a Non-Disclosure Agreement (NDA) for a class paid for by your employer, the terms of the NDA dictate what information is considered confidential and what can be disclosed. Typically, NDAs require specific mention of what constitutes confidential information, which... View More
Q: Really need advice, not sure how to go about this
Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More
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James L. Arrasmith
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answered on Jan 22, 2024
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answered on Jan 22, 2024
Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More
Q: Can forgery invalidate security interest in a mortgage?
Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More
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T. Augustus Claus
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answered on Jan 16, 2024
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answered on Jan 16, 2024
Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More
Q: is a software company at fault for damages if the software is faulty?
I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation?
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T. Augustus Claus
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answered on Dec 27, 2023
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answered on Dec 27, 2023
In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including... View More
Q: What can I do if a Texas auction firm concealed the condition of coins I purchased?
I am a resident of Pennsylvania and purchased coins from a Texas auction firm about a month ago. I believe the firm concealed the actual condition of the coins, as the descriptions and photographs online did not accurately represent their state. When I contacted the firm, they stated they would not... View More
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James L. Arrasmith
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answered on Nov 3, 2025
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answered on Nov 3, 2025
You have viable claims against the Texas auction firm for misleading descriptions and photographs that concealed the true condition of the coins. Under Article 2 of the UCC, you may revoke acceptance for nonconforming goods within a reasonable time and demand rescission and a refund; “as‑is”... View More
Q: Can I get a copy of my homestead life estate agreement from the attorney?
I am a life tenant under a homestead life estate agreement signed and notarized in 2018-2019. The courthouse informed me that they no longer record such agreements and did not keep a copy. Given that my brother isn't speaking to me anymore and my lack of personal copies, I am contemplating... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
Yes, you can request a copy of your homestead life estate agreement from the attorney who drafted it, even if that attorney represented your brother. Since you are a named party to the agreement, you have a legitimate right to access a copy of the document. The attorney may be able to provide it... View More
Q: What are our legal defenses if sued over a nonexistent contract?
A contractor accused us of having a written contract for painting a building, claiming we wasted his time by canceling and hiring someone else. We never signed any contract or had any oral agreement with him. However, he has sued us over this matter. How should we respond to this lawsuit, and what... View More
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James L. Arrasmith
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answered on Oct 27, 2025
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answered on Oct 27, 2025
You shut this down by attacking formation: Pennsylvania requires offer, acceptance, consideration, and definite terms; without mutual assent, no contract exists. You serve specific denials and demand strict proof of any writing or promise.
You immediately file Preliminary Objections under... View More
Q: How can I recover unpaid wages from an Oklahoma company while working in Pennsylvania?
I worked for an Oklahoma startup company from my home in Pennsylvania starting in June 2022. Initially, they paid my full salary for five months, but then I received no pay for 3.5 months, followed by only half my salary until my separation on April 29, 2025. I have an offer letter specifying my... View More
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James L. Arrasmith
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answered on Oct 23, 2025
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answered on Oct 23, 2025
You earned your wages in Pennsylvania, and an employer’s “cash‑flow” excuses never negate your right to be paid. You can proceed under Pennsylvania’s Wage Payment and Collection Law using your offer letter as the written pay agreement, and you can also invoke federal wage law for any... View More
Q: Should I sign a form to repay a $2,000 overpayment from my employer?
I was informed by my employer that I was overpaid by $2,000, which was no fault of mine. They have asked me to sign an "employee acknowledgement of overpayment and authorization to reduce wages" form, which includes a repayment plan and requires me to confirm the overpayment amount. The... View More
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
Before signing anything, make sure the overpayment amount is accurate and that you fully understand how it was calculated. Ask your employer for a detailed breakdown showing which pay periods were affected and how they arrived at the $2,000 figure. Mistakes can happen, and you have the right to... View More
Q: How can an attorney assist with finalizing divorce and MSA paperwork in PA?
I am seeking assistance from attorneys to help finalize my divorce and complete the marital settlement agreement paperwork. I want to ensure everything is wrapped up correctly and need guidance on any necessary legal steps. What should I be aware of during this process, and how can an attorney... View More
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
Finalizing your divorce and marital settlement agreement (MSA) in Pennsylvania involves several important steps to ensure everything is done properly and legally binding. The MSA is a key document that outlines how property, debts, and, if applicable, custody and support will be divided. Before... View More
Q: Can I pursue compensation for lost time in litigation?
I had a staffing company from 2012 until I had to close it in 2019 because my largest client stopped paying me, resulting in almost $500,000 in losses. I have been in litigation with this client for 7 years, suing them for the amount owed. Our contract involved 15 invoices without any clauses on... View More
Joseph Korsak
answered on Oct 22, 2025
answered on Oct 22, 2025
The simple answer is No. However, PA has a provision that allows the award of counsel fees if your opponent has acted arbitrarily vexatiously. Why didn't you ask your own attorney this question?
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Q: What actions can I take after a roofer ignored historical accuracy and made errors costing $100K to fix?
A roofing project recently went wrong despite clear communication with the roofer about maintaining historical accuracy, including using historically correct shingles, preserving old turbines/fans, and ensuring the flashing was unchanged around sidewalls and the chimney. On roofing day, I was... View More
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
You’ve already taken smart steps by arranging for an independent assessment and involving historic preservation experts. Their written evaluations and cost estimates will be essential evidence if you decide to pursue legal or administrative action. Start by gathering every piece of documentation... View More
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