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Pennsylvania Collections Questions & Answers
1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Q: We received a bad check. Can we reference filing criminal charges in the demand letter?

The issuer has made repeated promises to pay (verbally and via text) but has an excuse every time. Today we are scheduled to meet her to be paid in cash. It is likely she will, again, not show. It is our belief that the issuer knew the check was not covered at the time of issuance. Can we... Read more »

Cary B. Hall
Cary B. Hall answered on May 10, 2018

If you truly intend to turn the matter over to the police, then communicating that fact to the debtor shouldn't be a violation of the FDCPA. Telling her that she'll be imprisoned and her assets seized if she doesn't pay? *That* would be a violation.

Best of luck to you, and...
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1 Answer | Asked in Collections for Pennsylvania on
Q: Have a civil case re collections already a defense & sent collections request for production what should be my next step

I am the defendant in this case I sent bye certified mail to Magistrate's Office and collections office a request for production and have not yet received the certified notice that they received my request for production

Cary B. Hall
Cary B. Hall answered on May 1, 2018

First, from your question, I can't tell if you are the plaintiff (creditor) or the defendant (debtor) in your collections case. That would be important information, right?

Second, your question is really too broad to even begin to answer. I'd liken it to going on a...
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1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: A car that was suppose to be repo'd over 3 years ago was never picked up. What can i do with the car now?

Car was financed thru Condor Capital. I contacted them on 3 separate occasions requesting they pick up the vehicle. During that time their vehicle contract license was taken away. The balance of the car and the missed payments are no longer on my credit report. I don't want to open up any... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 24, 2018

Contact Cary Flitter, Esq. at 888-668-1225 or consumers@consumerslaw.com. Great guy and his firm is in Narberth, and they have specific experience with Condor Capital. Please tell him I referred you to him, and best of luck!

1 Answer | Asked in Collections for Pennsylvania on
Q: I got married a few years ago and now my wife has bill s from the past .and collection company's are says they can come

After me for her past bills from before are marriage is this true.Also the bill collection people want to no my income and my information is this legal ? If not what can I do ?

Cary B. Hall
Cary B. Hall answered on Apr 17, 2018

Bill collectors say LOTS of things - and they're not always honest. No, you are not responsible for your spouse's pre-marital debts. And no, you don't have to supply ANY information to bill collectors. In fact, you don't have to talk to them at all.

In addition,...
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1 Answer | Asked in Social Security and Collections for Pennsylvania on
Q: If my mother collected SSI when I was a child illegally by saying that I was terminally ill why is that debt put on me?

I had luekimia when I was 2 year's old. My mother got SSI for me by saying that I was terminally when I wasn't. Why is that debt put on me now as am adult??

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

Should be no debt at all. Who says you owe money? If it is an overpayment, then you need to file a waiver saying it is against equity and good consience to charge you for money that she took when you were not at the age of consent and had no participation.

1 Answer | Asked in Collections and Education Law for Pennsylvania on
Q: How to settle a dispute about a debt with a college which was incurred due to a very difficult family situation.

24 yr old community college student signed up for 4 online courses, but because of long-term terrible problems living with mother & father had to leave the family home to find an apartment. Thus she withdrew from school, but was not entitled to any refund. She received no instructional... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

Contact the Education Law Center in Philadelphia. They generally don't deal with college issues but may, and can suggest who you should contact.

1 Answer | Asked in Banking, Collections and Contracts for Pennsylvania on
Q: Is it Legal, and Lawful to use a "Federal Reserve Note" in the place of a "United States Bank Note" and why?

Can any instrument be negotiated by two or more parties to be considered tender to pay off a debt between them, or do they have to follow that law, or code on what has to be used as the legal tender? thank you!

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2017

In a famous example a check was written on the back of a cow.

Basically you just say pay however many dollars it is. Dollars presumes the legal tender known as the dollar. Get all caught up in reserve notes and the like and you are in coin collector land (paper edition).

KISS rule...
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1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Pennsylvania on
Q: Is it legal in Pennsylvania for a creditor to place a lien on your property for your spouses unsecured credit card debt?

The property is jointly owned by us and we purchased it after we got married. I was unaware of the lien as my spouse hid it from me. I looked up one of the records and it showed that the case had expired in 2016. Does that lien still exist? Also, spouse just passed away recently and according... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2017

They shouldn't have. May be an unfair debt collection. Contact a consumer attorney--either attorney Bernard Ruub in Sewickley if you are in the west, or a member of naca in the east.

1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: My wife has credit card debt in her maiden name, if judgement can the take from a joint bank account?
Stuart Nachbar
Stuart Nachbar answered on Jul 13, 2017

Yes they can if they can prove it is her account as well and that she is the same person, meaning maiden name vs married name.

1 Answer | Asked in Collections for Pennsylvania on
Q: How long does a judgement lien/levy hang over your head? When can yo

This is not a tax lien. Its in the state of PA.

How long does a judgement lien/levy hang over your head? When can you stop worrying about them coming to collect personal property.

There was a judgement made in June 2012. Aug 2012 the sheriff came and collected all the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2017

Generally 6 years then it can be revived. You can declare bankruptcy. Might want to get a conuslt with a consumer lawyer to find out what your options are.

1 Answer | Asked in Civil Litigation, Small Claims, Bankruptcy and Collections for Pennsylvania on
Q: In Pa, if a husband and wife have a joint bank account and there is a judgment on one party can the account be attached?
Stuart Nachbar
Stuart Nachbar answered on Jun 5, 2017

Yes, the account can be attached unless you can show that the funds in the account are exempt funds.

1 Answer | Asked in Collections, Consumer Law and Contracts for Pennsylvania on
Q: With a funeral agreement, does a verbal contract hold grounds over a signed contract?

The funeral director is telling me I gave him a verbal agreement that the funeral bill was going to be paid, but my step mother signed for the services and a acual contract. They are threatening to take me to a magistrate for the bill balance.

Kathleen M Hyneman
Kathleen M Hyneman answered on May 9, 2017

There is something called the parol evidence rule. The parol evidence rule provides that evidence of additions or clarifications to a written contract, will not be permitted to prove the terms of the contract. The written contract governs the agreement between the parties. However, in order for... Read more »

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: I am being sued by a health organization what can they do to me
Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

I assume its for a bill. They can collect the bill. If you are the person that asked about a NY health organization suing in PA look at my answer there. Find out what its about. If you had insurance, Medicare,Medical assistance then they should be paying. Do not ignore the case. File an "appearance"

1 Answer | Asked in Workers' Compensation and Collections for Pennsylvania on
Q: Recently received wc than got a letter from family court stating they can stop payments what should I do
Timothy Belt
Timothy Belt answered on Nov 3, 2016

I am not 100% certain that I understand the question; however, child support can be deducted from your workers' compensation benefits. If your child support obligations are be temporarily suspended due to no income, you would of course have to notify child support of your change in... Read more »

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: Served papers over $500 medical bill. Thought former insurance co. would've paid. Already responded. How do I handle?

So I was served papers, (well, my roommate was since I was at work) over a $500 medical bill I thought my old insurance co. would've paid. They had paid for everything else during my visits. This is from an old employer. I have already responded to the request, and plan to go myself without... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 16, 2016

one afternoon. check with your insurance. If they should've paid consider joining them in. Big issue is did your insurance pay or not.

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: enterprise has threatened to garnish my wages for balance owed. Possible?
Peter N. Munsing
Peter N. Munsing answered on Sep 15, 2016

They have to get a judgment. Contact a consumer attorney to find out if there are defenses. www.naca.net

1 Answer | Asked in Health Care Law, Collections and Consumer Law for Pennsylvania on
Q: Does PA have an hospital/medical lien statute/code that regulates the filing of hospital liens? Are they allowed?

Are hospitals on PA allowed to file hospital liens on things such as auto accidents? Thank you!

Peter N. Munsing
Peter N. Munsing answered on Sep 14, 2016

Yes. Any health provider or health insurer that pays for medical treatment for an injuryhas a lien for any injury case that comes from the injury that required the treatment. In the case of car crashes the insurance on the car for medical coverage comes first. They don't have a lien. Medicare... Read more »

1 Answer | Asked in Collections and Legal Malpractice for Pennsylvania on
Q: Is it legal for a Pennsylvania attorney to set up a job interview as a guise to collect debt for a client?

I have been looking for employment as a paralegal and submitted my resume to a Scranton law firm who immediately contacted me via email the next day for an interview. I have fallen into financial straits and have fallen behind on medical and credit card bills. After reviewing the request for a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

If it's the lawfirm that does debt collection it may not be anything other than their standard letterhead. Research the law firm.

If your other bills were refereed to them you would know. I don't know that it's illegal as you sent a resume to them--they didn't reach out...
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1 Answer | Asked in Collections and Consumer Law for Pennsylvania on
Q: If i owe a balance to a daycare, can they place an execution of sale order on the car i drive if its not in my name
Peter N. Munsing
Peter N. Munsing answered on Aug 12, 2016

No.The owner should notify them of this. In fact he would have a claim for theft.If it happens he should report it to the police.

1 Answer | Asked in Collections and Family Law for Pennsylvania on
Q: I borrowed money from a neighbor and thought I could pay it back when I got my ex-husband into Court for non-support.

I asked him for more time as I am sick/disabled and have not been able to file the necessary Contempt Papers. I live on SSI and cannot afford an attorney. What can I do, he has filed suit for this August and I do not have the money to repay him yet.

Peter N. Munsing
Peter N. Munsing answered on Aug 11, 2016

Worst that happens is he gets a judgment for the money but can't collect. However, better way as it's a neighbor is to focus all your energies on getting that contempt citation in.

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