judgment was granted in 2001 in Westmoreland county, transferred to Allegheny in 2012. Can we execute on it, or has it passed the SOL?
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... Read more »
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... Read more »
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.... Read more »
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.
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... Read more »
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... Read more »
I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.
answered on Sep 9, 2022
Yes. You can't just send a payment amount that you can afford without an agreement that your payments are acceptable. Suppose your debt is $10,000.00 and you are making monthly payments of $20.00 without an agreement that the at $20.00 is acceptable.
Does this violate the FDCPA
answered on Aug 28, 2022
They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... Read more »
The tax borough told me they could hold the funds up to three years. I went to them in February 2022 with a notarized letter requesting my funds. They told me they needed it in order to release my funds. The tax borough said check back in a year! I received a letter from this Asset recovery firm... Read more »
answered on Jun 16, 2022
Sounds like you may have been scammed. If I understand correctly this Asset Recovery company had you agree to have the check sent to them so they could cash it and take their fee. You should speak with an attorney and have the agreements and paperwork reviewed. You may be fine, but it also may... Read more »
I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me
answered on Jun 16, 2022
Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.
Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... Read more »
answered on Jun 2, 2022
As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... Read more »
I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... Read more »
answered on May 31, 2022
You should contact a local consumer credit attorney to review your credit report and the information you have on the account being reported. An unpaid account can remain on your credit report for 7 years. If you dispute the account and they validate it with the credit reporting agency it will... Read more »
My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... Read more »
answered on Apr 21, 2022
It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... Read more »
for 2020 I owed $7200 on April 15th to the IRS but I accidentally dated it for 2021 and now they refuse to transfer the $7,200 from 2021 to 2020. so essentially my $7,200 is just sitting there being unused because im no longer self employed so I no longer need to make quarterly payments. I'm... Read more »
answered on Sep 4, 2021
(1) If you can find the right person to talk with in the IRS, your problem should be resolvable. When you contact the IRS, keep asking for the next higher supervisor until you get someone who will work with you.
(2) Other than that, on January 1st, 2022, file your 2021 return, show the... Read more »
I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?
The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »
answered on Feb 28, 2021
it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.
The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I... Read more »
answered on Nov 22, 2020
Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »
I have no idea on the balance or what she has charged on it, and she refuses to show me. She's using our Money Market to make payments, which have ranged from $700 - $1200 / month. How can I legally obtain access to review that account, so I can properly proceed with budgeting and/or further... Read more »
answered on Oct 27, 2020
If you are not an authorized signator on the credit card account, you would only be in a position to compel disclosure in either a domestic relations or bankruptcy court setting.
Her refusal to share details with you about that account is foreboding. Perhaps, to make it "fair",... Read more »
My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »
answered on Sep 17, 2020
You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.
answered on Jun 17, 2020
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »
Been seperated for 2 months and she ordered a new card and got mine canceled behind my back so she could keep it and told me i couldnt do anything legally about it is she right
answered on May 8, 2020
She's not right. At worst, you'll get a credit for the amount she took in any ultimate settlement between you two. At best, you could file an emergency motion with the court demanding that you get your share.
Best of luck to you.
I received a call from a debt collector for a small debt of 167 dollars. I was given a registration code and website link to pay the debt. When I go to the website, it requires the last 4 of my SSN and my ZIP code. Is this information safe to give out and should I pay the debt to them? The... Read more »
answered on Apr 24, 2020
Transworld is big, and I wouldn't give them your information. Tell them you want to know the basis of the debt.
Who is it from. What's the documentation. etc. You want the dates of service, etc.
Get the address, write them a mail letter. keep a copy.
Your mantra... Read more »
I was hired to write and direct a stage play. The guy promised to pay me and the actors even if the play was canceled. The man ha yet to pay me or the actors. and I received two letters from lawyers on his behalf. both of his claims are false. however, I have been giving a week to respond to one. I... Read more »
answered on Apr 23, 2020
The "one week to respond" is baloney---but hard to tell if they are saying you have one week to do something you are obligated to do under the contract....different.
It's hard to tell without knowing the facts. You can call for a free consultation and I can better direct you.
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.