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Pennsylvania Small Claims Questions & Answers
Q: my lawyer told me that after the settlement with company and work comp. he told me i have to leave my job? its that true

i don't see why i have to leave my job... just because i got hurt at work or because my lawyer say so... i don't find that fear...

Timothy Belt
Timothy Belt
answered on Aug 27, 2017

Settlement is voluntary. If you don't want to settle your claim you don't have to settle. Similarly, if the employer/carrier is not interested in a settlement proposal, they do not have to take it. You don't have to settle your claim, but if you choose to do so, many... View More

1 Answer | Asked in Family Law, Intellectual Property, Probate and Small Claims for Pennsylvania on
Q: son's father Steve died Steve's sister has the guitar belonged to Steve. Can i take her to court..
Charles Rick
Charles Rick
answered on Jun 29, 2017

Yes, you can take her to court.....not really small claims court..but orphans court.

1 Answer | Asked in Civil Litigation, Small Claims, Bankruptcy and Collections for Pennsylvania on
Q: In Pa, if a husband and wife have a joint bank account and there is a judgment on one party can the account be attached?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 5, 2017

Yes, the account can be attached unless you can show that the funds in the account are exempt funds.

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: I (plaintiff) filed a complaint for 70.000 USD becouse Defendant ( United Corrstack Paper Mill) refused the payment.

In his reply, the defendant engages in dishonest conduct, obstruct the discovery process and make a series of lies.

I have clear evidence for it.

How can I claim a default judgment? To whom to address such a request?

Glenn B. Manishin
Glenn B. Manishin
answered on Apr 20, 2017

You cannot obtain a default judgment after the defendant had answered your complaint. If the facts are clear, you can move for summary judgment as a matter of law based on documents and affidavits.

2 Answers | Asked in Appeals / Appellate Law and Small Claims for Pennsylvania on
Q: Can you represent yourself in the court of common pleas during an appeal from a small claims court ruling?
Brian Lehman
Brian Lehman
answered on Mar 30, 2017

Yes: "The judicial system of Pennsylvania embraces the idea that access to the Courts is a fundamental right of all Pennsylvanians."

Note, however: "Self-represented litigants are held to the same standards as attorneys admitted to the bar of the Commonwealth of...
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1 Answer | Asked in Small Claims and Traffic Tickets for Pennsylvania on
Q: i received at ticket while driving a company vehicle for the vehicle not being properly registered.Can i sue

i received a ticket while driving a company vehicle for the vehicle not being properly registered . Can I sue in small claims?

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

Between you and your employer. I don't see anyone to sue. As to the company, depends on if this was a vehicle that you used exclusively or they did and you only took it out periodically. You can try to get the company to pay.

1 Answer | Asked in Business Law, Small Claims and Tax Law for Pennsylvania on
Q: Do we by law have to reimburse thitd party company who erroneously paid our taxes?

We paid our taxes last year and they were refunded back to us and told our mortgage co pd them. We do not have an escrow acct. so i called the mortgage co and they said they would not do that and didnt pay for us. Quite a mystery. A year later we get a package in the mail from a company we never... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

Depends who they are. There are two theories--one is called "unjust enrichment" and the other is called "volunteer"

See if a friendly local attorney will look at the documents and figure out your legal responsibilities. Morally, most would say clearly they didn't...
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1 Answer | Asked in Small Claims for Pennsylvania on
Q: I had a $3000 dollar laptop that was distroyed by a hotel. Do the have to reimburse me for my cost of the laptop?

I had a $3000 dollar laptop that was only 8 moths old. I was staying in a best western hotel and they had a leake that distorted my laptop. I sent it in for repair under there request and they said it was no repairable. The hotel said there insurance company said the laptop was only worth $1230... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 26, 2017

Check to see what value of a used laptop is. That is your value. Even though it was in "like new" condition, the law says insurance companies only have to reimburse for the market value of a computer of that make,model,configuration that is 8 months used. Check to see that they included... View More

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: I live in Pa. My friend allowed me to store property at a garage he owns, we had a arguement, now he wants it out NOW

He gave me permission to store my stuff at his garage after we had a fight he calls me and says he wants it out immediately or its getting trashed. It's basically all my furniture for my home. Legally can he just throw my stuff away? Do I have a certain amount of time by law to get my things?... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 25, 2017

He wasn't charging you so no, you don't have time.Get someone to help you and move it or he can trash it.He has no obligation to wait.

1 Answer | Asked in Criminal Law and Small Claims for Pennsylvania on
Q: Will I (18years old) go to jail/get in trouble with the law if I fight a 17 year old girl?

Her boyfriend cheated on her with me and I had no idea until yesterday. Even though I'm completely done with the guy, Today she tried to start a fight but since I'm 18 I didn't know if I could fight back.

Ryan L Hyde
Ryan L Hyde
answered on Dec 7, 2016

Yours is the age old problem of being a few months older and, fortunately a bit wiser. If she attacks you you can defend yourself, but self defense is not an easy defense as proportionality and duty to retreat issues always come up. Plus, as an 18 year old you would get tried as an adult. Adult... View More

1 Answer | Asked in Real Estate Law, Small Claims and Foreclosure for Pennsylvania on
Q: If house is bank owned and not being cared for & is causing damage to the attached house, can anyone be held responsible

My house is attached to an abandoned house. I have squirrels in my walls and a mice infestation because the bank has failed to take care of the property. The pipes had burst (which the water was coming up through my basement) and I had the township turn off the water, but I'm sure... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

Yes, you can bring a nuissance action. Whether it's worth it and what it costs are things you need to discuss with an attorney who handles those things.

You would need at some point to have estimators to discuss what it would cost to fix.

1 Answer | Asked in Consumer Law and Small Claims for Pennsylvania on
Q: I was driving someone else's car, with permission from owner and insurance policy holder, who pays insurance deductible

Was my ex's car, I had permission from her, and her mother (policy holder) the issue is now we broke up, and they are harassing me for the 500 dollars for deductible, but the insurance agents said I was under no obligation to pay that it falls solely to the insurance policy holder, now they... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 28, 2016

You do. The driver is primarily responsible. Insurance follows the car. If you had a car and insurance, the ex's insurance would be up first, yours second. But when it comes to non-covered items you are responsible for the deductible.

You also want to be a stand up guy, and a stand up...
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1 Answer | Asked in Animal / Dog Law, Car Accidents, Wrongful Death and Small Claims for Pennsylvania on
Q: It is really a non-chargeable offense for a postal worker to drive over and kill my dog if my mailbox is on my property?

Every mailbox in the neighborhood is attached the house. I have lived there for 3 years without incident or warning about my dog-only that drivers uncomfortable with my dog chasing will skip my house (and I have been FINE with this). This new driver gunned it without caution or common sense as I... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

News I'm sure to the Justice Department. It is not a Federal Agency, but it is a Federal Commission. Your post mistress needs to understand who pays her paycheck. Suggest you contact your congressperson and US senators. Your claim is for the damage to your property, if any. Unfortunately your... View More

1 Answer | Asked in Family Law and Small Claims for Pennsylvania on
Q: Ex left over a month ago, can i put his belongings in storage?
Peter N. Munsing
Peter N. Munsing
answered on Oct 3, 2016

Give him notice.Or ship to an address if you have one?Depends on amount.You need to tell him he will be billed.

1 Answer | Asked in Small Claims and Contracts for Pennsylvania on
Q: I have a friend who borrowed a good sum of money from me with a promise to repay and has not can I sue her in the magist
Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

Yes. However each county has different levels for the amount of money a DJ or Magisterial District Judge can give. I would suggest that they like to see a formal letter asking for repayment. You would address it to the person, recite the facts (no adjectives or discussion of how you feel--just... View More

1 Answer | Asked in Small Claims and Contracts for Pennsylvania on
Q: Can I collect on a verbal agreement.

I sold a vehicle to a co-worker/friend for $1000 (below book value) with a verbal agreement that he would make payments every week until it was paid off. He assured me he wanted to pay it off quickly and made a $150 payment the first week after transferred the title to him (as if it were a gift.)... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 22, 2016

You can sue on an oral agreement especially if you both acted in accordance with it. Sue him in small claims for where you both made the agreement or where he lives (each DJ has a certain territory they cover or "jurisdiction" so you need to ask to be sure).

2 Answers | Asked in Estate Planning, Personal Injury, Small Claims and Real Estate Law for Pennsylvania on
Q: My mother added me onto the deed without any signature from me. Now she is involved in an injury settlement. Help?

My 90-year-old mother's lawyer recommended that she have 50% of her property signed over to me and my three brothers in order to make sure that "ownership didn't go to the city", as he had apparently put it. Besides the obvious "Capital Gain Tax" issues that may arise... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 13, 2016

Were it not for the lawsuit you could simply execute a new deed transferring the property back to your mother. Even with the lawsuit you can do that. However, you still must get out of the lawsuit. If you have insurance, the insurance company's lawyer will file a Motion to have you removed.... View More

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1 Answer | Asked in Bankruptcy, Small Claims, Collections and Consumer Law for Pennsylvania on
Q: If a wife is issued a judgement for a credit card debt in her name only - is it possible to levy joint items (bank/car)?

If a wife has been issued a judgement for credit card debt, and everything she has is joint with her husband, what can be done?

Peter N. Munsing
Peter N. Munsing
answered on Aug 7, 2016

Generally no. If someone is harassing on collections, get in the habbit of writing down a note on each call--time, who called

what they said in as exact words as possible. But with a judgement on the loose may be a problem with bank accounts, her wages, so wife should get a consult with an...
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2 Answers | Asked in Car Accidents, Landlord - Tenant and Small Claims for Pennsylvania on
Q: My car was damaged by my landlord's landscaper while they were cutting the lawn. Who pays for the damage?

I witnessed the entire episode from my balcony. The person using the lawnmower lost control of the machine on the curb and it slid under the front end of my car. He immediately began dragging the lawnmower out from under my car. I heard a loud crack and asked him what was he doing he said... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 27, 2016

I assume that your car was lawfully parked, and that there was not a malfunction of the lawnmower. If so, the landscaper would clearly be responsible. Your landlord may or may not be responsible. The landscaper is an "independent contractor," which would ordinarily mean that the... View More

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1 Answer | Asked in Small Claims for Pennsylvania on
Q: EVA Airlines made me check in my carryon. Now im missing 2500 in property. What do I need to do?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 18, 2013

First you need to make a complaint with the airlines. Each airline has a process for this. Go to the EVA website and get information on terms of service and filing a claim. Then file your claim. The airlines probably has a limit for claims - they are not just going to fork over $2500. You may... View More

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