Pennsylvania Civil Litigation Legal Questions

It's possible you could pursue a defamation claim against the accuser.  The communication of the defamatory statement must have happened within the last year.  filing charges with the police would not be a defamatory statement that is actionable.  The statement would need to be untrue.  The standrd of evidence in a criminal case is much higher than in a civil case.  So even if there's insufficient evidence to make out a criminal case "beyond a reasonable doubt", there may be sufficient evidence in a civil case which is "preponderance of the evidence" (i.e. more likely than not).  Think OJ.  Acquittal in criminal case but verdit for plaintiff in civil case.  Does your husband really want to bring noterity to this matter more than it already has been?  I totally understand how one wrongly accused would feel -- really I do -- but filing a civil case may serve only to prolong the suffering for you all.  ... Read More

Yes you can file a claim against your sister with your local magistrate if the amount owed to you is under $12,000.  However, be prepared to deal with the circumstances of how you got at the loan -- by providing not necessarily truthful information to the lender.  The fact that your sister owes you the money doesn't let you off the hook with the lender.  You should not ignore that. If you do, you may be defending a suit by the lender too. ... Read More

I am assuming you are represented by counsel.  If so, you should talk to your attorney about this.  If you don't have counsel, I'd suggest that you retain one.  This forum is not intended to answer questions about ongoing complex litigation.  I will say that typcially if you are making a claim for damages due to injuries, signing a release for your medical records -- at least most records -- is customary.  they can obtain them by subpoena if you don't. ... Read More

The United States Constitution prohibits "double jeopardy", i.e. being prosecuted more than once for the same crime.  Theoretically, you could be charged with some sort of ancillary crime, such as perjury or jury tampering, but after 17 years the statute of limitations on these crimes would have long passed, as would (absent unusual circumstances, such as the victim being a very young child who has only recently obtained adulthood) the statute of limitations on any civil claims.... Read More

Admissibility in court does not depend on the statute of limitations.  If the statute of limitations has passed on the assault charge, there can be no criminal charge of assault (it's not a question of admissiblity of evidence), but that doesn't mean tha evidence can't be used in other cases  If relevant and otherwise admissible, evidence can be admitted long after the statute of limitations on the behavior has passed.  You need to think about other questions.  For what purpose would the evidence of the assault be offered?  What type of evidence?  Can the evidence be authenticated?  Is it hearsay?  In what type of case?  If you're referring to a civil assault claim, the statute of limitations may well be different that the statute of limitations for charging a crime.  In any event, I'm not a Pennsylvania attorney and may be wrong, but I've never heard (outside of a novel) of the statute of limitations being affected by whether or not there was video evidence.... Read More

Did their dog ever leave their lot?  If not, might be a tough case to win.  Their dog can be loose on thier lot.  If it got into your lot and attacked your dog, then I think you have a case.  Send them a letter with a demand.  If they don't pay, file with the magistrate.  Did they violate any local ordinance and were cited?  Just b/c the dogs fought doesn't mean you have a viable case against the neighbor.... Read More

Is there a question here?  This situation is unfortunate.  Your contractor maybe should have known what it would take to get the job passed by the inspectors but mistakes do happen.  Had he known up front, do you think he would have charged more money?  Probably would.  If that's true, then its fair for you to pay add'l to get the job done that you are seeking.  You might try and work something out with the contractor b/c finding a new one to take over will be very tough plus it will be expensive to sue the prior contractor for the add'l money. ... Read More

If the police are willing to pursue charges, that's the best bet for you.  If she's convicted, she'll be required to make restitution.  Boyfriend certainly didn't have the right to damage your car.  He can be charged too.  Why wasn't the car ownership issue resolved in your divorce?  You might also consider filing for a protection from abuse order against the ex to keep her away from you.... Read More

You must file the lawsuit within 2 years from the date of the incident in order to preserve your right to pursue the attacker for damages relating to the incident.  So the answer is you still have time but don't wait too long.  If you want to retain an attorney, don't wait until the last minute (you are approaching last minute now).  Attorneys are very unlikely to take your case last minute. ... Read More

If you have a valid lease to the property, after an eviction proceeding yes the end result is that the offending tenant will be forced to leave the property if required to do so by a court order.  That's the goal of an eviction proceeding.  if you do not have a lease or if you are in the property without any right, you are possibly a tresspasser.  The landlord may not be required to file an eviction proceeding to exclude you from the property. ... Read More

Well that's a really frustrating problem.  If you filed suit against your neighbor, why do you think the judgment or order of court would be followed by your neighbor vs. what's already been issued by the authorities?  There isn't going to be an order to kill the dog.  Maybe remove it but I have to say, in 25 years of practice, never handled a case like that.  Highly unusual case (not an unusual problem).  Have you tried to get your other neighbors together to basically have an intervention of some kind?  Sign a petition and present it to these folks?  Maybe record the dog barking and play it back to the offending neighbors?  I don't think legal action is going to be a workable remedy here for the situation.... Read More

If you are employed by the company, your ideas that you come up with that relate to the company are your company's property.  Its part of what they are paying you for.  If you don't work for them but told him without any type of non-disclosure or other agreement, then I think you are out of luck.... Read More

Can you provide more information about your situation?  You've asked a very broad question.  What happened that you are in jeopardy of losing your driving privileges?  Has a court ruled on the matter?  Where are you in the process?  have you received written notice that you may lose your privileges?  if so, when and from where?... Read More

This is going to be a tough problem for you to solve.  Your MPG can be impacted by a wide variety of causes, including air pressure in your tires, not changing oil, type of oil, how you drive the car (aggressively vs. passively), etc.  Its up to you to prove that the MPG you believe to be accure is not the result of any of those external factors.  Assuming you can do that, what are your monetary damages?  The extra $$ that you pay for fuel?  If you total that up, it might not amount to enough to justify the expense of pursuing the claim against the manufacturer.  I'd say sue the manfacturer at your local magisrate but they'll probably appeal any award in your favor and drag you into court where the costs will add up fast. ... Read More

Old, allegedly delinquent accounts are sold all the time between collection firms.  You may not have received any mail/calls from the current "owner" of the account.  You MUST respond to the Complaint.  don't ignore it.  If you do, judgment will be entered against you and they'll start trying to garnish your bank accounts and collect the money.  Once a judgment is entered against you, you will no longer have any ability to contest your obligation to pay the debt.  Here's a tool that might help you with the process:  http://www.palawhelp.org/files/A50D42DC-FCAA-1883-E79C-9619DF2007FA/attachments/09EB28AA-D49F-5CEF-9915-6E9604B098CC/475211English-Creditor-Lawsuits-Handbook.pdf.  Good luck!... Read More

I'd say you probably have a claim for negligence on the repair place for leaving the car unattended like that.  I'd ask for the shop's liability insurance carrier, submit a claim and see what happens.  Although that'll take a bit longer than submitting a claim to your own auto carrier. ... Read More