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Pennsylvania Small Claims Questions & Answers
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.
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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.
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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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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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.

1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Estate Planning, Probate and Small Claims for Pennsylvania on
Q: My father passed away in early January. We live in Pennsylvania and he passed away without a will.

He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... View More

Michael Cherewka
Michael Cherewka
answered on Mar 24, 2021

First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... View More

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: customer owes me $. Can I sell their product to make up money that is owed?

My company did work for a client. They refuse to pay their invoice. By accident one of their vendors sent me their merchandise. Can I sell that to recoup my losses?

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

No, that would be conversion, or theft. You can return the product or tell the customer and ask if he would like you to sell it and charge the proceeds against his account to you. And/or you can take him to small claims.

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: Can you be sued for defamation of character if you didnt complete a job for someone and stated why to them?

I have a cleaning company, the client complained that we did mot finish few things, i told her the reason why was my crew saw a bug that they thought to be a roach and did not want to return., i offered to return 3 seperate times myself even though i saw a dead one., she refused and asked for... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

It is not defamation or slander if the conversation is between the two of you. Defamation and slander require that there be some public statement. Do not, by the way, discuss this on facebook or any social media--that's where people get into trouble!).

All the best.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: What is the statute of limitation to take somebody to small claims court?

I helped a friend pay for a very expensive cat surgery (3k) by using my credit. I only used my credit because we agreed they would help me in making payments. It's been 3 years and they have not helped me at all. They stopped talking to me and anytime I ask for assistance, I get ignored. My... View More

Kent Petry
Kent Petry
answered on Oct 22, 2020

In Pennsylvania, the statute of limitations on a contract, oral or verbal, is four years. The same is true for unjust enrichment actions. You would likely bring suit under either or both of those causes of action, so from what you have said it appears you may be within the statutes of limitation... View More

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Pennsylvania on
Q: If I have a defective product resulting into a damage to my car by fire. Can I sue?

It was a product I got from harbor freight to stop welding spark and it failed by a hole being burnt through the blanket and catching the car on fire

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2020

A Pennsylvania attorney could advise best, but your post remains open for two weeks. It sounds like you're talking about a welding blanket. You could contact a Pennsylvania attorney to discuss - it would take investigation and possibly trial to make the determination of defectiveness. It could... View More

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Can I be sued for a chimney (that was fixed before settlement) 2 years after the house was sold?

I sold my house on January 16, 2018. the buyers walked through the house and approved all the requested improvements before settlement which took place that day. I now received a civil order that they are suing me 2 years after for repairs to the chimney which was completed before settlement - I... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2020

you should respond. Find out from the realtor you used if there is any coverage for legal fees for this.Generally, the house is sold as is, and your agreement of sale should say that.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: How many laws are there in Dominican Republic?
Tim Akpinar
Tim Akpinar
answered on Nov 22, 2019

You would be best off consulting with someone who practices there; it could also be helpful if you narrowed your inquiry to a particular area of law for a meaningful response from an attorney. Good luck

Tim Akpinar

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