Pennsylvania Recent Legal Answers from Lawyers

The problem with cosigning anything is that you are taking on the responsibility of payment if the person primarily responsible doesn't pay.  See if you can work things out with the landlord regarding the past due rent.  It is not likely that he will agree to remove you from the lease.  Your daughter could also apply for ERAP the Emergency Rental Assistance Program.  Contact your County Bar Association to get information for a non-profit that can assist your daughter with the application.   ... Read More

If there is no written contract stating that the deposit is non refundable, and no work has begun, you may simply cancel and request the return of the deposit.  If they refuse, your only legal option is to sue, probably in small claims court known as Magisterial District Justice.  It is generally for the pro se litigant (without counsel) and for claims of $12,000.00 or less.  Sometimes it is helpful to have an attorney represent you to recover but you should apply the cost benefit analysis on that issue. I trust this has been helpful, but don’t 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 More

It depends on the nature of ownership.  If the deed reflects joint tenants with the right of survivorship, there is no action for you to take.  The title company will simply need a copy of the death certificate to prove you are now sole owner.  However, if it is owned as tenants in common, an estate must be opened and the estate will be the co seller. 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 More

You would need to open an estate and, assuming you are the beneficiary, the estate can deed the house to you. 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 More

There are 2 ways to resolve a divorce case, through agreement or litigation.  Generally, I strongly advise trying to settle but that is only possible if the other party is reasonable.  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 More

Generally, the only obligors for child support are non custodial parents.  However, if someone is awarded rights as parent, then they also assume the duties of a parent.  I would need to review the documents declaring those rights to provide a more definitive answer. 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 More

If she is on the lease, you have no right to evict her.  Rather, your only legal solution is to not renew the lease with her. I trust this answers your question, but do not hesitate to call or email with any questions.   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 More

When you engage a contractor to perform work, a contract exists whether oral or written.  If one party breaches, the other may seek compensation informally and may sue if an amicable resolution is not reached.  You may not only sue for breach of contract, but it is often advisable to consider a claim under the Unfair Trade Practices and Consumer Protection Law which affords attorneys fees and treble damages.  I trust this answers your question, but do not hesitate to call or email with any questions.   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 More

The only true remedy is a divorce.  In family court, you can obtain a division of assets. I trust this answers your question, but do not hesitate to call or email with any questions. 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 More

I suggest an accountant or bookkeeper are a better fit for an audit.  I trust this answers your question, but do not hesitate to call or email with any questions. 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 More

If you are aware of back taxes and other issues effecting the property, I strongly urge you to seek a debt relief and real estate attorney as soon as possible to avoid the loss of the home due to a tax or other sale.  A co owner can compel the sale of real estate through an action in partition filed in the county where the property is located.  But that takes time so it is urgent that the taxes and any other matters be addressed promptly.   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 More

No, sale proceeds are not considered income for child support.  Indeed, they would only be taxable if there were capital gains.   This is the definition in the PA domestic relations statute. https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=43&sctn=2&subsctn=0 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 More

If your father has the car, he is liable for the debt.  However, he may return the car.  The creditor will then sell it and seek to collect the deficiency, the difference between the sale proceeds and the balance, from your father.  While the creditor may call or write to collect, neither of those actions effect your father at all, other than the obvious hit to his credit.  Credit, of course, is irrelevant at his stage of life. The creditor can sue at any time within 4 years after the last payment made.  If they never sue, your father will suffer no consequences, other than the collection efforts which are at most annoying.  If they sue, he can defend it or try to resolve the deficiency. Finally, he could consider a chapter 7 bankruptcy to eliminate all his debt. 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 More

You can file in small claims Court however you will be limited to filing suit for the Jurisdictional limit of $12,000.00.  Considering that you are still owed approximately 40K you should file your case in the Court of Common Pleas.  I recomend that you speak with an attorney to go over your options and with some investigation and discussion determine if it is worth it to you to file your case.... Read More

If a foreclosure complaint has been filed, the case can proceed until the loan has been reinstated.  Reinstatement involves obtaining a figure in writing from the lender and paying that total amount in full in the manner and by the deadline required in the letter. 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 More

In PA, there is no requirement to register a fictitious name, per se.  Rather, failure to do so may prevent you from filing a lawsuit under that name.  Other than that, you are free to use any name you wish with the understanding that you are personally liable for all debts and the business as it is a sole proprietorship.  The alternative is forming a corporate entity.. 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 More

If you entered into a property settlement agreement, which was likely incorporated into the divorce decree, the proper remedy is a Motion to Enforce Settlement Agreement.  If you became divorced with no agreement regarding the real estate, you are both co owners.  In that event, the remedy is an Action in Partition to compel a sale. 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 More

While there are many self help sites out there, I always advise retaining an attorney for a divorce.  The reason is that the rules can be very confusing and the process easily survives the cost benefit analysis. Fees vary based upon the amount of work involved.  For example, depending on whether the case involves assets that need to be divided and an agreement drafted, my retainer ranges from $750.00 to $2,000.00, plus court filing fees. 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 More

There are several factors that go into deciding how to proceed such as how the property owned.  Is it Tenants in Common or Joint Tenants?  Is there financing involved, either 3rd party mortgage or do the owners have loans to each other?  This is a complicated process that will require the advise of an attorney familiar with this type of Real Estate matter.... Read More

I don’t know if you were represented in either matter, but I strongly suggest speaking with workman’s comp counsel to review the cases and advise you. I trusts 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 More

Generally, once a name is on a deed, the simple way to remove it is by another deed issued by that person. The only other method is an action in partition in which the co owner seeks an Order of court to divide the property, usually resulting in sale. In the interim, she has rights to the property but cannot be compelled to pay for it absent a partition action. I trusts 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 More

After receiving a Judgment award in Court a Landlord can take various steps to collect the money that the Court has decided they are owed including selling your personal property to satisfy the Judgment.  They can also garnish your wages or take the funds from your bank account.  You do have defenses and exemptions to the Writ of Execution.  You should consult/retain an experienced Consumer Debt Attorney to assist to with this matter as soon as possible.  You only have a short time to protect your rights.... Read More