Pennsylvania Recent Legal Answers from Lawyers

Debtors prison was eliminated more than 150 years ago such that you cannot be imprisoned for failure to pay a civil debt.  However, creditors still have rights.  They can call you, write to you, and sue you.  The first 2 options cannot effect you at all, but the third should not be ignored.  If you are sued and don’t defend, a default judgment will be entered which can then be collected against your assets such as a bank account. If you have debts in excess of $10,000.00, I suggest considering a bankruptcy as a possible permanent solution.  Not everyone qualifies, but an experienced debt relief attorney can advise you regarding your options. I trust this answers your question but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You can TRY but you risk being charged with false police reporting. The notion of law enforcement "bullying" you into perjury or false police reporting, especially if you called them to the scene, is inherently "problematic." Anyone who has practiced criminal or family law for more than a month has seen the claimed victim of a DV event later try recant the police report when the reconcile with the offender - its the reason why so many prosecuters now prosecute victims who try to imepede prosecution. ... Read Answer

I also charge $2,000.00 for a standard Chapter 7 which has been routinely approved by the bankruptcy court and trustees.  Accordingly, I strongly believe it is a reasonable fee. That fee does not depend on the amount of debt so that a client could discharge anywhere from $20,000.00 which is only a 10% fee, to $2 million or infinity.   The concept is that clients do not have the ability to pay all their debts when they become due, but should have enough either in savings or from friends and family to afford the one time fee.  Moreover, many of my clients pay over time with the understanding that the case cannot be filed until all fees and costs have been paid.  As long as there is no rush, even if it takes a year to remit the fee, relief can be obtained. If the debt is less than $20,000.00, I consider reducing the fee to survive the cost benefit analysis even though I receive less funds for the same work. I trust that has been helpful, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the house was acquired during that time, and marital funds were used to buy it, the record owner is irrelevant as it is marital.  If it was his before the marriage, the increase in value during the marriage is also marital. I trust this helps somewhat and you are welcome to call or email me on a free initial basis as I do practice in Chester County. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Each party in a divorce case has a right to equitable distribution of the marital estate.  Marital property is defined as property acquired after the date of marriage until the date of separation, regardless of whose name it is in.  The parties’ relative income is a significant factor among many in determining the percentages of division as well as what assets are distributed to whom.  More can be explained in a free initial consult. I trust this answers your question but do not hesitate to call or email on a free initial basis.      Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

In PA, there are 2 types of no-fault divorce, separation and consent.  Although your husbands actions are understandably upsetting, there is no need to assert them to obtain a decree.  Once a divorce complaint has been filed, if you are living separate and apart, you can file for temporary alimony during the case known as Alimony Pendente Lite (Alimony Pending the Litigation, APL).  After a decree is entered, you may be entitled to alimony which could be paid for months or years.  You are also entitled to an equitable share of the marital estate which are all assets acquired from the date of marriage and any increase in value of anything acquired before that. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

In PA, there are 2 types of no-fault divorce, separation and consent.  In the latter type, you must wait 90 days after the complaint has been filed and served to consent to the divorce which both parties must do to proceed under that section.  In the former type, you need only be separated for at least one year, which appears to be the case here.   In that event unless she challenges the separation or seeks economic relief, you can obtain a decree without her consent within 60 days after service of the complaint. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If the claim is $12,000.00 or less, you can file a complaint in your local magisterial district justice for a fee.  A hearing will be scheduled, usually a default hearing if the defendant fails to respond.  In that event, you will obtain a default judgment.  If she defends, a hearing will be scheduled at which you will have to appear and prove by preponderance of the evidence that a legal enforceable contract exists that she breached. I trust this answers your question, but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If the agreement was incorporated into the decree, it will be in the court file.  You can contact your county Prothonotary about getting a copy for a fee. I trust this answers your question, but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The usual attorney answer is certainly appropriate here, it depends.  Many firms will charge a significant retainer such as $10,000.00 which they will state is refundable but will often go through that like water.  I charge a nonrefundable retainer which depends on the amount of work anticipated.  For example, a divorce with assets to be divided which will require negotiation and an agreement may be completed for $2,000.00 plus court costs. Regarding the time frame, that also depends on whether there are disputes and whether both parties are reasonable.  But the minimum time for a consent divorce in which the parties have not been separated for more than a year is 5 months.  The goal is to settle property issues during the waiting period required in such a case. I trust this answers your questions but feel free to call or email on a free initial basis.       Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

What you describe is a common issue so you are not alone.  Often, a spouse without independent income has no means to change the current situation.  However, I do recommend speaking with counsel to explore your options.  If you will have primary custody, you will be entitled to child and likely spousal support all of which may help you meet expenses.  That only begins once you are separated, so it is somewhat a cart and horse situation.  If there are marital assets available for your use, that is one option.  Regarding the debt, you should consult with an attorney, like me, who handles both divorce and debtor law to explore your options in that regard.   I trust that answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Whenever you are having communication issues with your attorney, depending on the extent of the same, it makes sense to consult with other counsel.  One of the main principles of the PA Rules of Professional Conduct is proper communication with a client.  When that is not strictly followed, a client cannot be properly served and should consider other counsel. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/204/chapter81/s1.4.html I trust that answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you have a dispute with your contractor, you have at least 2 options:  1) file a complaint with the PA Attorney General Bureau of Consumer Protection  2) file a lawsuit in Magisterial District Justice for claims $12,000.00 and under or in the Court of Common Pleas for any amount.  I suggest speaking to an attorney before proceeding to assure you select the most efficient and economical option. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If the hearing you missed was before the Magisterial District Justice, you can appeal within 30 days by filing a Notice of Appeal and serving it certified mail on the DJ and other party.  I strongly suggest speaking with counsel to ensure the procedures are strictly followed.  If not, the appeal could be dismissed. If the hearing was before the court of common pleas, appeal is not so simple.  In any event, you should speak with counsel. I trust this answers your questions but feel free to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, attorneys only practice in a limited geographic area.  As this format does not allow for location disclosure, I cannot state whether this is a matter I would handle.  Having said that, if you are out of my geographic area, I am happy to attempt a referral to someone who is local. In any event, any suit involves specific time frames and deadlines which must be met.  Accordingly, I urge you to speak with counsel in real time ASAP to assure rights are not lost. I trust this answers your question, but feel free to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

I appreciate your effort at trying to explain the situation, but I naturally have more questions which are best answered in a free initial consult.  My advice will depend on the answers.  Generally, if the property was transferred out of your name, it is not property of the estate and the debt is not secured as to you.  In that event, there is no reason why you cant file Chapter 7. Feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you did indeed sign a contract which gave him sole discretion, it may be that the contract is enforceable against you.  However, if he failed to perform, that could be a defense. I understand that you have 2 questions: 1) how can you defend or fight this with little funds? and 2) what can he recover if you don’t? Regarding the first question, there are many firms, like mine, who charge a reasonable fee and as such the fees are manageable.  However, a simpler option might be a Chapter 7 bankruptcy which, if successful, would eliminate the debt for a flat fee, plus court costs.  If you elect to take no action, he will obtain a judgment by default and can enforce that against any personal property you own, including bank accounts.  The latter could be frozen which could cause outstanding checks to bounce.  I strongly advise speaking with an attorney about your options including how to make yourself judgment proof. I trust this answers your questions but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Without seeing the dockets, I cant answer the question with certainty.  If you filed Preliminary Objections (Pos) which were sustained by the court, Plaintiff may amend without leave of court.  If the case was dismissed based on Pos, the Plaintiff can theoretically file a new and better complaint.  If the prior cases were dismissed, as opposed to a final judgment in your favor, the Plaintiff may proceed until or unless a judgment is entered in your favor or the court dismisses the claim with prejudice. I am happy to review the case on a free initial basis, so feel free to call or email. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

I note that this service is limited to asking legal questions and I mention that only so that I don’t run afoul of the terms of service. Having said that, bad faith cases are of course very difficult but certainly worth pursuing if the facts support a claim.  I am happy to speak to you more about that on a free initial basis so feel free to call or email. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

I suggest filing in her district so there is no dispute about jurisdiction.  If you have written documents evidencing the loan, that should be enough.  An attorney isn’t required but many people find it very helpful, nonetheless. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Even if a written lease does not exist, a Notice to Vacate is required.  Once proper notice has been provided pursuant to the Landlord Tenant Act, you may then file a LT Complaint for eviction in your local Magisterial District Justice.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You will need to reapply at this stage, now that the initial petition has expired.  Also, keep in mind that there are a number of different immigration documents with separate expiries that you need to keep tracking: (1) the visa label that is issued by the local US Consulate/Embassy, which is the employee's "entry ticket" to enter the USA; (2) the I-797 Approval Notice for the USCIS I-129 petition; and (3) the I-94 Admission Record that is issued to the employee upon entry to the USA.... Read Answer