Pennsylvania Small Claims Questions & Answers

Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa

1 Answer | Asked in Small Claims for Pennsylvania on
Answered on Dec 14, 2018
Peter Munsing's answer
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.

Q: Termination of the agreement of the sale

1 Answer | Asked in Contracts, Small Claims and Real Estate Law for Pennsylvania on
Answered on Dec 5, 2018
Elizabeth Tarasi's answer
I am in Pittsburgh I would contact someone in Philly

Q: If a person in pa was not authorized to drive a motor vehicle and was involved in a car accident does my ins pay out?

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
Answered on Oct 11, 2018
Peter Munsing's answer
If that person was at fault? Or not? You aren't being clear.

If your vehicle was at fault, then your vehicle's insurance will pay for the driver's mistake. If the person was not authorized to drive that vehicle, the insurance may either a) not pay or b)pay under a "reservation of rights."

Much depends on the "not authorized." If the owner is just saying that to protect their rates that's one thing. If they reported it stolen that's another. "I told him not to use it"(but left...

Q: Just bought a car from a private seller on monday. Now the next day car in shop with rotted frame. What can I do?

1 Answer | Asked in Lemon Law and Small Claims for Pennsylvania on
Answered on Sep 19, 2018
Elizabeth Tarasi's answer
Private seller---they probably sold it to you as-is. Unfortunately there is not much you can do? If you paid with a check you can try to stop payment. Try to repair the car as best you can. I am sorry this happened to you.

Q: Co-buyers rights after a repossession and auction of said vehicle

2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Answered on Sep 15, 2018
W. J. Winterstein Jr.'s answer
The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the vehicle. Obviously, there is none of that.

At this point, depending upon what your conveyancing (transfer) agreements say (they should have been reduced to writing), you may have a right to demand payment of your...

Q: Home inspection company billed for services that weren't provided and falsified reports. Can we sue them?

1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Answered on Aug 15, 2018
Elizabeth Tarasi's answer
Yes you should be able to bring an action against the inspection company and the sellers.

Q: My cat ran out of the house when the door was opened. She was hit by a car and the driver drove away in PA. Can I sue?

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Pennsylvania on
Answered on Apr 16, 2018
Peter Munsing's answer
Not unless you can show he was careless in his driving, in which case you can recover the market value of the cat. Your husband knew what the cat would do and let him escape--it's not some driver's fault.

Q: Dog ran out in rd at 9:36 from a farm house. Smashed my car. Can I sue? If so what is the process? Knock on their door?

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
Answered on Mar 20, 2018
Peter Munsing's answer
I suggest you run it through your collision, they will go after dog owner and get their money plus your deductible. Faster and easier.

Q: Because I am a minor at 17 years old. Do my parents own all the money I work for?

1 Answer | Asked in Employment Law, Family Law and Small Claims for Pennsylvania on
Answered on Feb 20, 2018
Peter Munsing's answer
No.Unless you put the money in an account under his name. If not in an account see if you can open one. Most banks have free savings accounts for those under 18.

Q: Can I file a civil suit against my neighbors for damage caused to my vehicle because of them filling 3 parking spaces

1 Answer | Asked in Car Accidents, Small Claims and Civil Litigation for Pennsylvania on
Answered on Jan 2, 2018
Peter Munsing's answer
It would be difficult because you could see the way things were at some point, have stopped, and worked your way out.

Put it another way, it usually isn't impossible to back out of something you got into--it may take time and a number of small moves, but is usually doable. Put it another way, their vehicles were stopped and you kept going.

Q: I bought a truck about a year half ago in pa. Truck has frame rot bought as is. The rot is at rear shackles an its bad

1 Answer | Asked in Contracts, Small Claims and Consumer Law for Pennsylvania on
Answered on Dec 15, 2017
Peter Munsing's answer
Generally you buy a used vehicle as is, unless the seller said the frame was good. You would have to show that it was something seller knew about and failed to tell you. If you want to do it, send him a request for refund of the payment, and you can then file in small claims for the area where he lives.

Q: Can I sue someone I paid for false pretense that they would help me get my driver's license and then they never do

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Tax Law for Pennsylvania on
Answered on Dec 9, 2017
Peter Munsing's answer
It would depend on the amount at issue. It's not clear what he promised to do. He doesn't have a right to take it under false pretenses. Before you sue, make sure you establish independence by getting drivers training and taking the test.

Q: My son's locked dorm room was broken into and burglarized over Thanksgiving break. Is the college liable for the items?

1 Answer | Asked in Small Claims for Pennsylvania on
Answered on Nov 30, 2017
Peter Munsing's answer
Run it through your homeowners and let them go after the college. You can make a claim with the college, I'm assuming the police were notified. I wouldn't hold your breath.

Q: If my car was damaged on Septa property is SEPTA liable for the damage?

1 Answer | Asked in Personal Injury and Small Claims for Pennsylvania on
Answered on Nov 30, 2017
Peter Munsing's answer
Depends on what you were doing there. You can make a claim but it may be easier if you have comprehensive to run it through your company and they go after SEPTA

If you work there and are union, ask your union rep if member's property is covered.

Q: I'm in PA and I had a construction worker come do work and is now taking me to small claims court for final payment.

1 Answer | Asked in Small Claims for Pennsylvania on
Answered on Nov 30, 2017
Peter Munsing's answer
Can you document that what he did wasn't in a workmanlike condition? Then do so.

Q: My mother took my cat while I was in jail without my permission and gave him to her friend can I get him back?

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Pennsylvania on
Answered on Nov 22, 2017
Mr. Ryan L Hyde's answer
Here is the problem, you are a parolee of some sort, if they report you, and can get the officers to take the case seriously (which won't be easy), you could end up getting violated for taking the cat. That means you could end up in jail if they call the police on you. You could always sue in small claims court and try to get a judge to care (which won't be easy), but pets are seen as property. The most you could get is a small amount of money or whatever a judge deems the cat to be worth....

Q: Suing prospective buyers for damage done during home inspection, can we repair before going to court?

1 Answer | Asked in Small Claims and Real Estate Law for Pennsylvania on
Answered on Nov 15, 2017
Peter Munsing's answer
Get estimates and present to they buyers and their agent.

You have a claim but it's not the strongest as you assume as with any guest you let in they may spill something. That happens when people come in.

I suggest you'll be better off for selling if you get the carpet cleaned or replaced. Your agent can guide you as to what replacement is best, given that the person buying may not care for your carpet and won't keep it.

If you are pulling up the rug, besides...

Q: PA Small claims: I'm a plaintiff: I can't make my court date, can an attorney represent me, if I can't change the date?

1 Answer | Asked in Small Claims for Pennsylvania on
Answered on Oct 19, 2017
Peter Munsing's answer
Unless the attorney can change the date they can appear but your testimony is needed.

You can ask the court if they will move the date or rethink if it's worth the hassle.

Q: Florida resident in PA rear-ended stopped at construction zone by PA driver; how to collect diminished value?

2 Answers | Asked in Car Accidents and Small Claims for Pennsylvania on
Answered on Oct 1, 2017
Andy Wayne Williamson's answer
You need to repost this question under Pennsylvania tab as the accident occurred there and Pennsylvania law will apply.

Q: I'm trying to get information on how to obtain an attorney on a pro bono basis?

1 Answer | Asked in Criminal Law, Domestic Violence, Libel & Slander and Small Claims for Pennsylvania on
Answered on Sep 21, 2017
Mr. Ryan L Hyde's answer
Most criminal defense attorneys do not do work on a pro bono basis. Many have surprisingly reasonable rates. Contact a few and see if you can find someone to work with. Alternatively, have your son sit down with his Public Defender and ask questions. A common complaint that I get from people who were represented by the Public Defender is that they didnt understand why certain decisions were made. The first question I always ask them is did they ask? Almost always the answer is no. An...

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