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Pennsylvania Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Pennsylvania on
Q: PA mechanic still has car one year later.

I was told that needed a head gasket one year ago. Was told (verbal only) $1,000 estimate and 2 weeks time frame. That was almost a year ago. Last time I saw the car was 6 months ago and it was still torn apart. At this point, I don’t even want the car (Book value of $3,500) back, I just want to... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

Storage fees or labor expended so far could become an issue. But hopefully, that could be something to negotiate if you're contemplating leaving the shop the car (and they are interested in taking it). Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Traffic Tickets and Small Claims for Pennsylvania on
Q: I was wondering if its harassment when I can't step outside my house without my neighbor calling the cops.?

So my neighbor has been causing me problems for some time now, telling the rest of my neighborhood and my small town that I cook meth and I am a drug addict and how I steal from every where, I believe she has gotten me evicted from my apartment although my landlord is trying to say its for non... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 14, 2019

You need to report uyour licesne plate stolen and you need to obtain a license plate.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Pennsylvania on
Q: I filed a eviction for non-payment of 2 months rent ,damages,and utility bills which were never payed. We go to court.

She reveals she left a few days ago and claims harassment from a third party phone call by a relative of mine. Which was news to me and sounded bad to be honest . The judge decides she doesn’t need to pay us back anything . But now that she has left there are unpaid ullity bills,the house is a... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 14, 2019

I would file the appeal. Also report her.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: I was sold Counterfeit baseball cards I spent over $5000 on them
Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

You need to notify the police and/or the AG's office. Witnesses are good if anyone heard what was said.

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: I bought a dog for 100 bucks which included dog and accessories. And was not giving all accessories

I paid girl 50 last week nd she was supposed to get other 50 today but failed to provide the dog cage which was part of add she sold it or whatever so i.told her I wont give her other 50 until i get cage. She has now said she is going to take me to court . I wanna know if I'm in the right

Peter N. Munsing
Peter N. Munsing answered on Jun 14, 2019

You were prepared to go ahead with your end of the deal and she wasn't. You are correct. However often there is something else left out. Does she now say the cage wasn't part of it? If so there is no agreement--you think it's A she thinks it's not A but B ---and if no agreement she should give you... Read more »

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Hit by a drunk driver, the drubk drivers insurance has assumed full liability for repairs, I disagree with repair value?

I believe I should be entitled to have what I had "before". The insurance co and I disagree on the repair procedure, a difference of probably less than $2000.

Tim Akpinar
Tim Akpinar answered on May 26, 2019

If your vehicle is in a collision shop, property damage adjusters will sometimes revisit the vehicle to review the estimates of the shop against their own estimates after doing another walk-through of damages.

Tim Akpinar

1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Q: I have a considerable amount of trees along my neighbors border. He is ignorant, selfish and abusive. When my trees fall

down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten

and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within

my property. Can I drag the part that lays over... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 6, 2019

You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.

Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.

1 Answer | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: Isn't agreeing to buy something on line a binding agreement?

I am trying to purchase an ( a credenza) item via Facebook Marketplace. The seller agreed to my offers twice. Then her husband wants more is $$ for this item. Her's was listed Wed, March 3-20. I agreed to purchase it at the her asking price on 3-21. Then on 3-22 I received an alert through... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 25, 2019

Unfortunately if she is not going to be cooperative you will not be in a position to purchase the item. I would back off and disappear for a bit. When she doesn't get any other offers she will attempt to contact you. By the way what is so special about this piece of furniture?

1 Answer | Asked in Small Claims for Pennsylvania on
Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa
Peter N. Munsing
Peter N. Munsing answered on Dec 14, 2018

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.

1 Answer | Asked in Contracts, Small Claims and Real Estate Law for Pennsylvania on
Q: Termination of the agreement of the sale

Dear Lawyer,

i have a property in Philadelphia and i was in the Agreement of the Sale with my buyer, he Could not Obtained the Mortgage to the Settlement Day Due to the $1100 Mortgage Lien is exist in my title, the settlement day was 11/30/2018, i was Hopping to terminate the deal and sent... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 5, 2018

I am in Pittsburgh I would contact someone in Philly

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
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?

Does my insurance pay for the party who is not at fault vehicle damages?

Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

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."...
Read more »

1 Answer | Asked in Lemon Law and Small Claims for Pennsylvania on
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?

The car wasnt even in my posession. For 24 hours and had a good inspection sticker until next year. I used my savings to buy the car and need a vehicle for my job.

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 19, 2018

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.

2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Q: Co-buyers rights after a repossession and auction of said vehicle

I had a vehicle. While it was in my possession I made payments. When the vehicle was obtained by the buyer he stopped payments and would not return the car to me (co-buyer). I made many attempts to get the car back. I made a couple attempts to get the buyer to refinance. I was in constant... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 15, 2018

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,...
Read more »

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1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on
Q: Home inspection company billed for services that weren't provided and falsified reports. Can we sue them?

We paid the home inspection company additional fees to do a well flow test which needed to be done to obtain our FHA loan. They passed our house. After we purchased, we experienced issues with the well. The plumber/well driller we called failed our house for the well flow test and stated he worked... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 15, 2018

Yes you should be able to bring an action against the inspection company and the sellers.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Pennsylvania on
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?

In Pennsylvania. My husband came home from work and she bolted out the door when he opened it. The driver who hit her came back and asked "if someone had hit the cat" but then drove away again. No police were called, I rushed her to the animal hospital where she was later euthanized. I found this... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

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.

1 Answer | Asked in Car Accidents and Small Claims for Pennsylvania on
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?

Contacted police when I got home. Asked them this question. They didn’t answer, seemed concerned about dog and said they would go check on the dog and scene and I should file a AA600 that’s about it. So basically file a report...then what? Are they going to find out who lives at the house and... Read more »

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

I suggest you run it through your collision, they will go after dog owner and get their money plus your deductible. Faster and easier.

1 Answer | Asked in Employment Law, Family Law and Small Claims for Pennsylvania on
Q: Because I am a minor at 17 years old. Do my parents own all the money I work for?

I still live under my father's roof. I don't pay rent but I pay for my own things, gas and other small expenses. I was told that legally my father can take the money I have saved up.

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

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.

1 Answer | Asked in Car Accidents, Small Claims and Civil Litigation for Pennsylvania on
Q: Can I file a civil suit against my neighbors for damage caused to my vehicle because of them filling 3 parking spaces

Everyone gets one space in our lot, and they know it. They had 3 vehicles parked there. 2 of them aren't even people who live with them, and my other neighbors had their vehicle parked there. I pulled in the lot not realizing they had three vehicles parked back there, and had no way to turn around... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 2, 2018

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...
Read more »

1 Answer | Asked in Contracts, Small Claims and Consumer Law for Pennsylvania on
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

I was wondering if you could put a law suit towards this. Yes it was as is but the frame was not made to my attention.

Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2017

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... Read more »

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

I have been giving my father my full tax return for the past 7 yrs under the pretense he would help me get my license and he keeps refusing yesterday he made it clear he never will help me and he has the right to my money cause he took me to work even though I paid him $200 every 2 weeks. Can I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

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.

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