Pennsylvania Civil Litigation Questions & Answers

Q: Filed linjury law suits by persons name

2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Pennsylvania on
Answered on Mar 18, 2019
Peter N. Munsing's answer
not sure what your question is. Could you restate it with more detail?

Q: Can I file to get my restitution payment back?

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Answered on Mar 4, 2019
Cary B. Hall's answer
If you've already pleaded guilty, then no. If you want to contest your guilty plea, there are few appellate grounds to do so and those must be filed within 30 days -- but then you'll be headed for a trial if you will on appeal. And perhaps you get a harsher penalty or sentence if you lose at a new trial. My guess, however, is that you still want to keep the benefit of the plea deal but not pay restitution now, and that's not going to happen.

I often tell my clients in situations...

Q: need a pro bono attorney to help me negotiate payment arrangements with a loan.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Feb 27, 2019
Timur Akpinar's answer
You could contact the Pennsylvania Bar Association and ask them if the matter falls within what they would cover under their Pro Bono services.

Tim Akpinar

Q: I am looking for a case which happened between the years of 2014 and 2016 in Puerto Rico. How do I obtain the records?

1 Answer | Asked in Civil Litigation and Family Law for Pennsylvania on
Answered on Feb 24, 2019
Kathryn Hilbush's answer
You would contact the court house in the jurisdiction where the case took place in PR. Not having any more information, I can't suggest what are of the court you would want t start with.

Q: If the defendant appeals a small claims judgement can I ask for the remainder of the punitive damages be awarded also?

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Feb 6, 2019
Elizabeth Tarasi's answer
Yes the appeal from small claims is Like you are starting the case from the beginning.

Q: How to collect on federal lawsuit against George W. Hill prison for overcrowded cells

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Contact the attorneys for the Plaintiffs & /or the Pa. Civil Liberties Union Prison rights project.

Q: Can you sue a county prothonotary and office for not properly filing your court papers for a third time and each time

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
No, they have a qualified immunity. What you need to do is get a receipt and then ask that the filing be deemed of a certain date, nunc pro tunc.

Q: If I have an court ordered judgment in Pennsylvania and the defendants reside in Florida, will I be able to collect

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Jan 31, 2019
Cary B. Hall's answer
If the defendant has assets in Pennsylvania, then yes -- you can enforce the judgment against those assets. If no assets in Pennsylvania, then you can enroll Pennsylvania's judgment in Florida and attempt to collect the judgment there.

Best of luck to you.

Q: Actually my husband told me to post the question given our lawyer had been compromised...by the judge.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows your case, all of the factual details, etc. Without knowing *anything* about your case, the best I can suggest is that you request an office meeting with your present attorney if you're not satisfied with his...

Q: My dad passed away in 2005 and left my 2 sisters and I heirs to his estate in Arizona..there are 2 parcels of land ..

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Jan 13, 2019
Kelli Y Allen's answer
It depends on what type of ownership you have. Consult a real estate attorney in Arizona to determine your rights to dispose of your portion of the property.

Q: Correct PA Commonwealth statute for the Civil Complaint that follows? Title 18, Chapter 35, Section 3503(b.1)(1)(iii)

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Dec 2, 2018
Cary B. Hall's answer
You're citing a criminal statute, but talking about bringing a civil suit. Two completely different animals, and you're going to have to pick one.

I suggest you contact the local police to inquire about bringing criminal trespass charges against your neighbor. They may, and they may not. If the cops won't charge (because they believe it's a property dispute best left to the civil courts), then you can consider whether or not to bring a civil lawsuit against your neighbors seeking...

Q: Do we need an eviction notice if it’s our own daughter living in our rental w/ no written rental agreement?

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Dec 1, 2018
Elizabeth Tarasi's answer
Send her notice and let her know you are evicting her and storing her possessions and she will be responsible for the storage charges.

Q: Can she take me to court?

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Nov 21, 2018
Cary B. Hall's answer
Anyone can sue anybody in court for anything. The question is, do they have a good case?

From the few details you've shared, it sounds like her case -- if any -- would be against your landlord, and not you. If she files an action in court, however, you'll have to go to court and tell your side of things to the judge. Don't miss the court date or she'll get a default judgment against you for your failure to appear!

I also see that you're asking your question from Maryland. If...

Q: Who do I contact when someone is repeatedly filing false reports with CP's against me in Pennsylvania?

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Answered on Nov 5, 2018
Cary B. Hall's answer
Well, the problem is that you don't know who made the reports against you -- Children & Youth/Child Protective Services don't (and won't) tell you that. You might think you know who it is, but you won't get confirmation of it from the agency. And it'll be somewhat difficult to prove unless the person admits it to you or someone else.

So that makes it pretty difficult to file any charges or bring any action against such a person. And as far as I know, there isn't one person or entity...

Q: if i give a contractor money to do a job and he fails to do the work what can i do? i dont have a contract

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
You ask him to return the money--hopefully you paid by check and/or got a receipt. Take him to small claims.

Q: My belongings are being held hostage until I return a phone that was a gift. Can I involve cops

2 Answers | Asked in Civil Litigation for Pennsylvania on
Answered on Oct 25, 2018
Elizabeth Tarasi's answer
The police will tell you that it is a civil matter. You can bring a Law suit at the magistrates office for the return of your property.

Q: cops have continuosly falsely reported to cyf there was a drug lab in my home when therewas not.is that illegal to do???

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Libel & Slander for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
If true, then yes, you could probably file section 1983 litigation against them in federal court.

Best of luck to you.

Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Answered on Oct 8, 2018
Elizabeth Tarasi's answer
That is not usually how it goes. The judge will want all attorneys to enter their appearances.

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