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Pennsylvania Consumer Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Pennsylvania on
Q: PATENT RE-38666 reissued from 5931468 Is either patent still active ?

Hello-

I have a question for Patent 5931468--This was issued Filed: April 3, 1998 Date of Patent: August 3, 1999

There is a re-issue under RE-38666 Filing or 371 (c) date 08/03/2001 with a status Patented Case 11/18/2004 .

Is either one of these still active?

James L. Arrasmith
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answered on May 5, 2023

According to the United States Patent and Trademark Office (USPTO), the original patent 5931468 expired on August 3, 2016, 20 years after the filing date. The reissued patent RE-38666 was also granted for a term of 20 years from the filing date of the original patent, which would have expired on... Read more »

1 Answer | Asked in Consumer Law, Gov & Administrative Law and Military Law for Pennsylvania on
Q: Do I have to pay an indebtness that is over 14 years old that I was just notified about?

I received an indebtness letter from DFAS dated March 21, 2023 for a debt incurred in 2009. This is the first I have been nitifed about it. They want installments beginning within 30 days. This indebtness is over 14 years old. Is it passed some sort of statute of limitations or expiration at this... Read more »

James L. Arrasmith
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answered on May 2, 2023

In general, debts do have a statute of limitations after which they cannot be legally collected. However, the statute of limitations for debt collection can vary depending on the type of debt and the state where the debt was incurred. It's important to review the laws in your specific state... Read more »

2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

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 »

David Kennedy Bifulco Esq.
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answered on Nov 1, 2022

Barry is correct. Sounds like a scam. The Statute of Limitations for debt collection cases is normally 4 years, unless the instrument (usually a mortgage note), is signed under seal and then the Statute of Limitations is 20 years

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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

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 »

Barry W. Kaufman
Barry W. Kaufman
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.

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2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I own an llc that is in terrible debt. Can I sign it over debt and all and walk away??

Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 20, 2022

As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »

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1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: I got a call from a debt collector and told them to stop calling me. They said they'd only do so for a 30 Day period.

Does this violate the FDCPA

David Kennedy Bifulco Esq.
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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 »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Pennsylvania on
Q: What is a “plausible claim”

And what is subject matter jurisdiction ? Thank you I’m advance for answering this for me?

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2022

A Pennsylvania attorney could probably advise best, but your question remains open for two weeks. In the most basic sense, a plausible claim is one that is valid. The claim holds legal merit. It could also refer to a claim's ability to withstand a motion to dismiss. Subject matter jurisdiction... Read more »

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 »

Daniel Edward Mueller
Daniel Edward Mueller
answered on May 31, 2022

I agree with my Pennsylvania colleague. It sounds like the creditor has verified the debt in response to the credit bureaus' investigations. However, if they are misreporting the matter (e.g., claiming a false last payment date, misrepresenting the nature of the debt, etc.), you may have a... 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 Esq.
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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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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... Read more »

1 Answer | Asked in Consumer Law, Banking and Business Law for Pennsylvania on
Q: Do I need to pay anyone a down payment?

I'm trying to buy a car and I have no credit due to being incarcerated most of my adult life

John Michael Frick
John Michael Frick
answered on May 10, 2023

No. You can pay cash if you choose, or pay with a credit card, etc.

Most lenders who provide financing for traditional car loans, however, will require a down payment as a condition of making a loan. That is both typical and legal.

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a notarized document legally binding?

My daughter is paying off a car loan that is in someone else’s name. The other person said they will sign over the title once the loan is paid and they receive the title. I don’t want her to pay off the loan and the other person get the title and not transfer to her. They then will have a free... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

She needs to have the other person sign the car over to her, and she pays for her own car. The best way is for her to buy the car loan, as it were, by getting a loan in her name. Yes, a document that is under seal is binding, but the wording would have to be clear and even then if the person... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Tax Law for Pennsylvania on
Q: If a post office was to forward you letters about your stimulus payment but return the payments to the sender would it

Be considered mail tampering. I have received the letter 1444c three times to my forwarded address but they returned the payment for the notice three times they know what they are doing and I want to know if I could perhaps file a complaint against that post office or whoever is in charge ect.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

No. They are not supposed to forward certain things. You need to be sure that the IRS and the government have your proper address. Discuss this with your Congressperson--they have information on how you can get your payments.

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: I made an online purchase for baseball tickets from SeatGeek using my credit card. Immediately after I made the purchase

I tried to cancel it but could not contact anyone and they did not respond to my emails other than to say all sales are final. The credit card ruled in their favor. I thought in pa. you had 3 days to cancel a purchase.... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

You are thinking of the Home Solititation Sales Act. That hasn't kept pace with the times.

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Gonna sue RCA

Will give more details later. Checking to see if this site asks for CC

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

If you decide to give an inkling as to your question, do mention what you mean by RCA--the initials have many meanings.

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
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Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

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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