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Pennsylvania Collections Questions & Answers
1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: Can I revoke Limited Power of Atty with Asset recovery company? They stopped answering questions once I signed.

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 »

David Kennedy Bifulco
David Kennedy Bifulco
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 »

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

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

David Kennedy Bifulco
David Kennedy Bifulco
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.

2 Answers | Asked in Estate Planning, Collections and Probate for Pennsylvania on
Q: My father recently passed, resided in PA and had no assets and or no estate He did have over $30,000 of sole-owed debt.

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 »

Stephen M. Asbel
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Stephen M. Asbel
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 »

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2 Answers | Asked in Consumer Law and Collections for Pennsylvania on
Q: A collector that has been previously removed from my credit report keeps re-appearing as new account(s). What to do?

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 »

David Kennedy Bifulco
David Kennedy Bifulco
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 »

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2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: I'm being sued in PA by a law firm representing a debt collector. How to proceed?

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 »

Daniel Edward Mueller
Daniel Edward Mueller
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 »

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2 Answers | Asked in Tax Law and Collections for Pennsylvania on
Q: is there anyway to fight back against the IRS regarding my situation ?

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 »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

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 »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Is it legal for an rental property to reject your rental application because you have debt in collections.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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 »

1 Answer | Asked in Banking and Collections for Pennsylvania on
Q: My wife has a credit card that she continues to use after there were discussions to eliminate it.

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 »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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",...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

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 »

Nellie T Schulz
Nellie T Schulz
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.

1 Answer | Asked in Copyright, Collections, Patents (Intellectual Property) and Trademark for Pennsylvania on
Q: I want to use the tune to ColePorter's song "Anything Goes" with new lyrics on Youtube. Do I need copyright permission?
John B. Hudak
John B. Hudak
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 »

1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Q: Is my wife allowed to keep my part of the money the government sent out

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

Cary B. Hall
Cary B. Hall
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.

1 Answer | Asked in Collections for Pennsylvania on
Q: Is this debt collector legitimate and should I pay?

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 »

Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Contracts, Collections and Sexual Harassment for Pennsylvania on
Q: I receive two letters from two different lawyers and I need a lawyer

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 »

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Collections for Pennsylvania on
Q: Can a collection agency try to get you for a repossession from over 10 years ago?

My roommate had her car repossessed back in 2006. She had just received a call the other Day from Global International Services saying they have been trying to get a hold of her for years but had her old address...saying she owes $7,000 for her car...otherwise they were going to garnish her... Read more »

Cary B. Hall
Cary B. Hall
answered on Mar 16, 2020

Probably not . . . unless Global actually has a judgment against her already. The statute of limitations for collecting on a civil judgment, however, is generally five (5) years, although the judgment can be "revived" for another five years if certain court procedures are undertaken by... Read more »

1 Answer | Asked in Business Law, Consumer Law, Contracts and Collections for Pennsylvania on
Q: I have a small automotive repair shop in Pennsylvania. Sometimes, customers refuse to pay. What can I do?

Occasionally, there are customers who agree to have the work performed and the price, even with the understanding that payment is due upon pickup of the vehicle, who then do not pay. I am not aware of any law in Pennsylvania that allows a mechanic lien to hold the vehicle until payment is... Read more »

Cary B. Hall
Cary B. Hall
answered on Feb 24, 2020

You absolutely can keep the car until you receive full payment for the repair services performed -- so long as the owner actually requested that the services be performed. Pennsylvania common law grants you an "artisan's lien" on property that you've made more valuable as a... Read more »

1 Answer | Asked in Collections for Pennsylvania on
Q: I receive a praecipe to enter judgement what does that mean

I received a letter from an insurance company on monies owed stating they were filing a Praecipe to Enter Judgement. What does that mean? I do not work at this time, and i own a home with my husband. Can they force us to sell our home or sheriffs sale?

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

It means you will have a judgement. You must immediately file a paper to have the judgment reopened--apparently you didn't respond to something they sent. Contact your County Bar Association ASAP>

1 Answer | Asked in Collections for Pennsylvania on
Q: Can I settle debt with a collection agency directly, or do I need to go through the court if already served papers?

A debt collection agency is taking me to court for $2,200. I was served papers and was advised I had 20 days to enter a written appearance. Can I attempt to settle this out of court with the collection agency directly, or do I need to go through the court?

Cary B. Hall
Cary B. Hall
answered on Jan 16, 2020

You can do both, but you can't ignore the court unless you want a default judgment against you in the full amount sought. Adhere to all court deadlines, but at the same time (and if you like), try to negotiate with your creditor (or its agent, whoever has filed suit against you). If... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Collections for Pennsylvania on
Q: My car was stolen and found by the police. The officer got the car impounded w/o notifying me. Recovery options w/o fee?

I was not notified when my car was towed away. The cop who found my stolen car got it towed and did not notify me. It has been a month i had to find the tow company myself 36 days later they are charging me 1100 dollars in fees.

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

This is a major problem. Contact your legislator, AAA, others --the law has to be changed. The question is what the towing company is charging. I don't have a clear, clean answer for this. However, if the person was found and is charged with the crime you may have access via the crime... Read more »

1 Answer | Asked in Estate Planning and Collections for Pennsylvania on
Q: My siblings tried to get over on my so I had to get a separate lawyer ..

The estate owed me money for cleaning out my mothers home and I was paying all her bills including her credit cards because she had no will and since I lived with my mother my siblings were telling me I had to pay for everything , well I did I found out when I got a lawyer that I was not bounded to... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Sep 27, 2019

You really should discuss this with your lawyer, who knows this case and your situation better than anyone in this forum.

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