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Pennsylvania Small Claims Questions & Answers
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.
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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 Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

2 Answers | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: I have someone who owes what to me us a large amount of money. I need a lawyer but I have very limited resources

I have texts from Def. Proving that he has my stuff and said he would send me my belongings and that he will pay me back what he owes me

James L. Arrasmith
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answered on Nov 8, 2023

If someone owes you a significant amount of money and has acknowledged this debt through texts, these communications can be used as evidence in your favor. You might consider seeking legal assistance, even with limited resources; many attorneys offer free initial consultations to assess the... View More

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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
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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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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

James L. Arrasmith
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answered on Sep 8, 2023

You can indeed assert exemptions to protect certain assets from creditors, even outside of bankruptcy. While SSDI income is generally protected from garnishment, creditors might still attempt to seize assets such as your car or personal belongings to satisfy the debt; however, you can claim... View More

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1 Answer | Asked in Small Claims and Civil Rights for Pennsylvania on
Q: Can someone secretly video record another on phone both image and voice, and email it to others without consent?
T. Augustus Claus
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answered on Jul 25, 2023

In Pennsylvania, it is generally considered a two-party consent state, meaning that all parties involved in a conversation must consent to being recorded. If someone records a private conversation without the knowledge or consent of the other person, it may be a violation of Pennsylvania's... View More

2 Answers | Asked in Bankruptcy and Small Claims for Pennsylvania on
Q: If I have a small claims judgement in FL, can FL suspend my PA driving license ?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 13, 2023

The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's...
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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
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Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... View More

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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
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Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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2 Answers | Asked in Agricultural Law, Small Claims and Social Security for Pennsylvania on
Q: Hello. What is USC 15 B 1611 and can I speak to and underwriter please.

Please Help!

James L. Arrasmith
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answered on Mar 2, 2024

It seems you're inquiring about a specific section of the United States Code (USC), which is a compilation of federal statutes. However, without more context, it's challenging to provide a precise explanation of USC 15 B 1611 because the citation doesn't directly match the standard... View More

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1 Answer | Asked in DUI / DWI, Civil Litigation, Civil Rights and Small Claims for Pennsylvania on
Q: Licence Suspension 18month turned 3+yrs.Judge ruled due 2 Clerical Error.I suffered financial&health damage.What to Do?

Bucks County Clerk of Courts makes error turns my suspension from 18 months to 3+ year suspension failed to verify jail time w/ Penndot despite me completing everything & probation. I purchased used car,insurance,interlock,inspection etc. Denied Licence went back & forth over 2 months w/... View More

James L. Arrasmith
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answered on Feb 1, 2024

Given the circumstances you described, it may be possible to pursue legal action for the losses and damages you have incurred due to the clerical error and the extended license suspension. To do so, you should consider the following steps:

1. Consult an Attorney: Reach out to an attorney...
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Q: can you do owner retain from a totaled loss in pa
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If a policyholder chooses to keep the vehicle, the carrier will usually work out a separate set of figures based on salvage value if vehicle is declared total loss. But this is a general process; each state... View More

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
Q: I need help to write and send a demand letter. Do you offer this service and how much will it cost?

The demand letter will be to an auto insurance company of the other party.

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. This isn't a law firm that offers the service you request - this is only a Q & A forum. You'd need to reach out to law firms and ask them. Good luck

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
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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

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

David Kennedy Bifulco
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answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

1 Answer | Asked in Small Claims and Banking for Pennsylvania on
Q: My dad just passed away and he had a loan in his name that nobody knew about. Doe my mother still have to pay it?

Just my dads name is on the loan

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 2, 2022

It is a debt of your dad's estate. Is your dad's estate solvent? Are you gonna go through probate? If so, please contact a probate lawyer to discuss this and how best to proceed.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: My father in law past away and owed a personal loan do the kids have to pay for that loan
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 14, 2022

If your father's estate has more assets than debts, then it is most likely the responsibility of the estate. Please consult with a probate lawyer to discuss your father's estate and get his affairs in order.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Customer owes money. How can we collect payment?
Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

Ask. Letter. Then one certified return receipt. Then sue them in the District Justice Court.

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

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