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Pennsylvania Collections Questions & Answers
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.
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.
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.
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.
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
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.

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: We sold a vehicle privately and now payments have stopped. Been to the magistrate already. What’s the next step?

We filed a suit when payments stopped, defendant showed up to magistrate office and we were told to talk things out since he openly said he still owed the balance (around $3500). Promised to pick up on payments but we haven’t heard from him again. Tried contacting buyer on several occasions. We... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 16, 2019

Go to the magistrate again. Get a judgment and ask for the vehicle back.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Help!

My electric bill has been unusually high, so I called them. They informed me I had a 3rd party supplier on my bill I was unaware of. I called said 3rd party and they informed me that I had added them to my account last summer. Going through the details it came across that my sister had given them... Read more »

Adam Savett
Adam Savett answered on Aug 30, 2019

I would suggest you file a complaint with the Pennsylvania Public Utility Commission.

Here is a link to resources on the process and directions on how to file a complaint:

http://www.puc.state.pa.us/filing_resources/filing_complaints.aspx

Note that the PUC specifically...
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1 Answer | Asked in Collections for Pennsylvania on
Q: My wife has a capital one card that is going to be charged off. She is afraid they may sue.

She still works. I’m retired. We have a joint bank account. With no wage garnishment here and spousal bank accounts are safe. Would they take her 2016 Ford Explorer that still has a loan of 16000 on it.

Cary B. Hall
Cary B. Hall answered on Jul 14, 2019

Very doubtful. They may sue, and perhaps get a judgment against her, but then they'll try to attach bank accounts in a scattershot manner by sending writs of execution out to the largest banks in your area (hoping that yours is one of them). Even though your joint bank account is... Read more »

2 Answers | Asked in Collections for Pennsylvania on
Q: If I send a cease & desist letter to debt collector, on time barred debt, but do not acknowledge debt, will they sue?

A third party debt collector has obtained an old debt of around $700. This type of debt is beyond the statute of limitations in my state of PA. I am mailing a letter stating such debt is beyond SOL, thus time-barred. Also, I am requesting no further contact. Can/will this collector still (attempt)... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Considering the tiny size of the old debt, it is not very likely that a debt collection company will try to enforce it--even in small claims court. Rather than say or do anything that could possibly result in reaffirmation, why not say nothing, wait to see what happens and if they do sue, raise the... Read more »

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3 Answers | Asked in Collections and Bankruptcy for Pennsylvania on
Q: I lost a Civil Law suit with about 141k awarded to the other person. Can they come after my 401K to collect?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 20, 2019

If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.

Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections...
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