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Pennsylvania Collections Questions & Answers
1 Answer | Asked in Collections and Contracts for Pennsylvania on
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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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1 Answer | Asked in Landlord - Tenant, Collections and Contracts for Pennsylvania on
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

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

1 Answer | Asked in Collections and Banking for Pennsylvania on
Q: I'm being sued by Capital One. It is my account solely. All my accounts and assets are in my name and my wifes name.

Is there anything that can be seized based on unsecured debt law in Pennsylvania? Everything I'm reading is saying there isn't much that can taken to repay the debt since it is solely mine.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 9, 2025

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You...
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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: what about credit card debt when you are dead?
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: what should I do to get the full amount he owed to me, including the accrued interest?

Since October 2021, an individual has been indebted to me for $30,000, with a 10% monthly interest fee agreed upon by both parties. He failed to make any further payments after the first 2 months. Despite my numerous attempts to remind him of this obligation, he has not taken the necessary steps to... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 14, 2024

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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1 Answer | Asked in Collections for Pennsylvania on
Q: I settled with a debt collector money order never arrived at the destination

I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 4, 2023

Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you. The "collector" charges a fee for its service, and that fee is passed along to you, whether disclosed or not.

You should be able to get your...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Can social security be garnished for credit card debt in PA?

My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 18, 2023

While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.

To fend that off, most...
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1 Answer | Asked in Collections, Banking and Civil Litigation for Pennsylvania on
Q: How to recover funds seized from joint minor account after judgment dismissal?

In September 2024, a credit card company seized funds from my son's bank account, which was a joint minor account with me, after winning a judgment against me for money owed. I received a letter from the Prothonotary's office stating that the judgment was "dismissed without... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

I'll help you navigate this situation to recover your son's money.

First, gather all your documentation - the dismissal letter from the Prothonotary, bank statements showing the seizure, and any communications from the credit card company. These will serve as crucial evidence...
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1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Pennsylvania on
Q: Verizon charging me $1246 after not informing me that I was going to be charged if switching carriers.

I signed up with Verizon, got 2 free phones from them, stayed with them 9 months, the days I signed up, I was never told that I had to pay for my phone in case of leaving, I decided to move to another carrier, I went to verizon store asked for transfer pin that was needed for the new phone carrier,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2024

The contract you signed with Verizon was a service contract which included the price of the phones. When you transferred carriers, you still owed for the phones. It doesn't matter what anyone told you, it's the written service agreement that counts.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Pennsylvania on
Q: I can't be at my debt collection lawsuit, what should I do?

I retired early overseas in Asia after me and my wife developed health issues after covid. I left a good bit of unpaid credit card debt behind in the US that I can't pay. All I have is my small OPM federal retirement pension via direct deposit to my US bank account each month and no other... View More

Timothy Denison
Timothy Denison
answered on Sep 9, 2024

Hire a lawyer to appear for you or you could lose by default.

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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: Someone owned me 60k. Promised to pay back when he sold the house. He sold it and refused to pay back.

Since September 2021, he owed me $30,000. he agreed to pay a 10% interest fee each month, I lowered the interest fee to 5% after a year, yet he still did not make any payments. In February 2024, he assured me that he would sell the house and use the proceeds to pay back the money. When I contacted... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You ask about referrals. There are no referrals here but there is a "Find a Lawyer" tab you could use to supplement your own searches. There are also referral sections of local and state bar... View More

2 Answers | Asked in Banking, Business Law and Collections for Pennsylvania on
Q: Can a merchant pursue a customer after losing a dispute case with American Express?

I rented a vehicle from SIXT at Lisbon Portugal Airport in August 2023.

Regrettably, the rental car provided by SIXT had pre-existing windshield damage.

• Due to the low light in the garage crack was not visible.

• On September 15, 2023, SIXT charged my credit card... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Yes they can.

Your options are to file a lawsuit or defend a lawsuit they may bring.

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1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: I just got a bill from a plumbing company. Work was done by the guy he bought out and he billed me right before he sold.

The original plumber sent me an unitemized bill one year after the work. The verbal quote was less than 1/3 of the bill. I asked for more information. He sold the company. I called the new owner and he said I did not have an outstanding bill and all was good. One year later he bills me for the work... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 17, 2023

"Can he"?

Sure. Anybody with a couple hundred dollars for the court costs can sue anybody else for any reason.

But can the plaintiff win on what gets filed?

There's the rub, lol. From what you say, it sounds like this plumber's claim would fail. BUT,...
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1 Answer | Asked in Civil Rights and Collections for Pennsylvania on
Q: How to respond to a collecting agency mail letters and calls?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 11, 2023

Keep track of all calls and letters, and any other form of contact, including any efforts to contact you or your employer at work. Applicable laws may entitle you to make a successful claim against the collector.

If you engage counsel, a simple letter from you or counsel to the collector...
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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More

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2 Answers | Asked in Collections for Pennsylvania on
Q: Money is tough right now. I am debating giving my car back to my finance company. I live in PA.

I could owe them over 20,000 after they sell it, moved to much equity to high interest loan in 2019. During the pandemic I skipped payments basically still owe what I paid for it. Are the chances of a lawsuit from them high?

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

If you voluntarily choose to give your car back to your finance company, it is possible that they may still pursue you for the remaining balance on the loan. This is known as a deficiency balance, which is the difference between what you owe on the loan and the amount the finance company is able to... View More

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1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: My wife received an oral deposition notice from a law firm via certified mail looking to collect a +10 year old debt

My wife received an oral deposition saying that she is to appear and testify "in aid of execution concerning all of her income, assets and property, including personal property, which may be subject to execution in satisfaction of the judgment obtained by Plaintiff against [her] in the... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on May 10, 2023

It is possible that a creditor sued your wife on a debt, and, for whatever reason, she was never properly served. This might happen, for example, if the creditor cannot find the defendant and obtains permission for alternate service by mail or publication. If there is no response, the creditor... View More

1 Answer | Asked in Collections and Small Claims for Pennsylvania on
Q: what if I got a judgment of $ 12000 how they can collect this amount I'm 75 and my pension only $ 900 a month
David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Without more information on your particular financial situation it is not possible to give you a complete answer. Regarding your Social Security payments they are protected from collection. You may have other assets that they can attach so you will want to contact an attorney with experience in... View More

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