Pennsylvania Civil Litigation Legal Questions

I'm really sorry to hear about your condition.  I think too much time may have passed for you to bring a viable claim here.  You probably had a workers compensation claim or a claim against both the worker and mabe the temp agency arising out of the incident.  However, the time limits for filing those claims in court or with the workers comp bureau have long since passed.  If the injuries rendered you incapable of understanding those deadlines, perhaps that would allow you to file outside of the relevant time limitiation.  maybe there are other mitigating factors too but almost 9 years later I suspect the window to file a claim has closed.  I encourage you to meet with an attorney local to you to go over the details of the last 9 years to see if there's any way for your claims to still be viable.... Read More

These types of cases after a relationship break-up don't often go very far but I suppose his theory might be that if the improvements he paid for resulted in you receiving more money from the dealership than you would have if you sold the bike without the improvements, you should not be able to keep the money and not contribute to the cost of improvements.  Your response is that he was a "volunteer" and spent the money at his own risk without any promise from you to contribute to the costs. ... Read More

If it's a video shot in a public place (like a park), you don't need permission. If it's shot in a private location, like your home, it's best to ask the parents for permission. It's even better to get them to sign a release. If they sign a release for "any video filmed" then your covered going forward.... Read More

I would need to know more about the claims being asserted against in the lawsuit.  Generally speaking, however, if the person suing you wins and gets a monetary judgment, then that person could try to get your assets to satisfy the judgment.  Assets could include things like bank accounts, real estate, autos and personal property.  Generally speaking, if you lose the lawsuit you would not have to pay the attorney's fees for the person who sued you, unless the lawsuit is based on a written contract in which you agreed to pay those fees or if the lawsuit is based upon a statute or law that requires the loser to pay the winner's fees.  You should speak with a lawyer asap.... Read More

Clearly, it is not legal for your boyfriend to take property that belongs to you. However, you should consult with an attorney because the passage of time, here 4 years, may create significant obstacles for you.  If he is threatening bodily injury, you should contact the police immediately.... Read More

You are correct on the statute of limitiations.  If it's simply a letter or invoice, you should not ignore it.  Respond and tell them that you do not intend to pay and that the bill is no longer collectible due to the statute running.  That doesn't mean you cannot be sued.  anyone can file suit.  If that happens, you should have a good defense due to the statute of limitations.  Responding now and giving them notice that you'll defend on that basis will hopefully prevent suit from ever being filed. ... Read More

Wow, I've heard of these types of things happening with the "out of the blue" charges coming to the house.  I empathize with you.  Yes, I think you might very well have a defamation or slander claim against Wal-Mart.  You'll have to deal with the charges and have your record expunged of any evidence of those charges, all at a cost to you.  You should retain counsel to get involved on your behalf right away. ... Read More

If the police find drugs in your apartement, even if the drugs aren't yours, you are in jeopardy of being charged with possession.  Everyone there would likley be charged.  Your roomates are putting you in danger.  You should insist that they stop or find a new place to live.  You don't need that kind of trouble. ... Read More

Pack the stuff up and have it shipped to his folks if you want to be decent about it even though he's given you no reason to be that way.  If its too much, pack them up and drop his stuff off at the folks.  You really have no obligation to him nor are you responsible for his stuff. ... Read More

Good afternoon.  the lack of insurance has no impact on your litigation options.  If you cannot reach agreement to settle the claim with the other party, you can initiate a lawsuit in court.  The amount in controversy might dictate where you file.  For amounts less than $12,000 you can file with the magistrate.  Arbitration division of the court of common pleas generally has a limit of $25,000 - $50,000 (depending on your county rules).  Above the arbitration amount you must file in general civil trial division.... Read More

Probably not, although it has nothing to do with you being in another state.  If you were somehow responsible for a judgment, your wages could be garnished, although the plaintiff would have to jump through a few more hoops to do so as you reside out of state.  However, as a general rule, spouses are not responsible for each other's individual debts.  Your husband's legal troubles should similarly not affect your daughter's money (which is not to say that someone may not assert a claim against it, but, from what you've written, there doesn't seem to be much basis for such a claim).  The more you keep your daughter's money segregated from yours and your husbands assets, the less the chance that any of his or your creditors will be able to get at it.  Thus, a UTMA account would be better than your checking account.  I see no reason why you can't invest, if the Court has approved it, but make sure your daughter's financial affairs are kept entirely separate from your own and your husband's, and keep meticulous records.... Read More

You have nothing to lose other than the filing fee with the local magistrate.  If you cannot get satisfaction by trying to work it out with your neighbor, then filing with the magistrate is a good next step.  However, if you lose, it may embolden your neighbor to not cooperate in future. ... Read More

Usually the agreement is exchanged at the time you retain counsel although I suppose it would not be abnormal for there to be a short lapse in time.  Call your attorney and ask for a copy of the signed agreement.  If you do not receive it within a week or so, you may want to consider finding a new attorney. ... Read More