Pennsylvania Civil Litigation Legal Questions

This is a really tough situation and defies an easy solution.  I presume that the co-owner is also on the loan, correct?  If this person wants to use the car and not pay his/her share, then the most expedient way to get some kind of resoluton would be to file a claim against this person with your local magistrate seeking reimbursement for the amount you've paid for the car that he/she should be paying.  You can find a complaint form here:  http://www.pacourts.us/forms/for-the-public This person is also exposing you to liability in the event of a car accident that is his/her fault.  You should send this person a certified letter stating that you do not consent to them operating the vehicle, demanding that they stop driving the vehicle and return it to you immediately OR take your name off the title and pay off the loan.  I would also strong recommend that you continue paying the insurance so long as your name is on the title.  As much as doing so probably frosts you, if the insurance lapses, it can adversely affect your own auto insurance and driving privileges  ... Read More

Dealing with PennDOT is not pleasant.  It is a huge bureacracy that acts as if it does not care about the people is serves.  Stepping of my soapbox for a moment, I'll say that I'm sorry you're having this problem.   Have you confirmed that you've paid for the citation AND paid the fee to renew your registration?   You can pay these on-line and do not have to make payments via check and in the mail.   If you received a notice of license suspension letter from PennDOT, you have the right to appeal the suspension.  You should follow the appeal instructions explicitly in the letter.  that will buy you some time to try and find a solution to your problem.   You should also call your local state legislator for assistance.  They can't change the law but they can get someone at PennDOT to at least look into your situation and perhaps offer some help.   You can also retain an attorney.   That person can also deciper your situation and identify possible solutions.  There will be some expense but it may very well be worth it if you can avoid a lengthly suspension and the associated problems of getting to work, etc.  Attorneys experienced in PennDOT matters sometimes have ways of getting things done.  I work with a great attorney -- Vern Parkinson.  I'd highly recommend him. www.wgsf-law.com/e-vernon-parkinson... Read More

Yes it can be revoked in part.  If you are the principal (the person who gives the agent the power to act on your behalf), I would not recommend doing this.  It may lead to ambiguity in the agent's authority.  Ambiguity is the enemy of an effective power of attorney.  If the power that you want to take away is permanent, you are better off revoking the old POA document and executing a new POA.   The Pennsylvania POA law changed in January 2015 in many important ways.  Please contact an attorney to discuss your specific situation.  It's probably and issue that is easily remedied.... Read More

I'm really sorry to hear about this -- it must be an ordeal.  The relationship is broken and these extra problems I'm sure only add to the pain.  You certainly have contractual rights and maybe, just maybe, there is a claim for tortious injury to your reputation.  That would be a stretch.  Even if you did file a claim, would this person be able to pay or do anyting to ease the burden you're suffering with?  Probably not.  But sometimes just by filing suit you get a hearing and the situation improves as a result of the deadline or threat of facing up to the music. ... Read More

The time to respond runs from the date of service, but the statute of limitations is satisfied if the papers were filed on time.  In most cases, plaintiff's counsel will consent to allowing you more time to respond as long as you waive any defenses based on improper service.  If the attorney won't consent, make a motion to extend your time.  The clerk of the court can help you.  Finally, you can see plaintiff's proof that it is Citibank's assignee by asking for the assignment in the discovery phase of the litigation.... Read More

The process of collecting on a judgment is very complicated, time consuming and can be very disappointing because most judgment debtors don't have cash to pay the judgment.  You have to resort to a judicial sale of assets -- and there's no guarantee that anyone will show up to the sale let along buy anything. This forum is to limited for someone to walk you though the process of collecting your judgment.  I can give you a few general tips to point you in the right direction.  If you try this yourself, I suspect you may end up frustrated.  You should consider retaining an attorney to assist you with the process.  The first thing that I would suggest you do is to file the district magistrate's award/judgment as a civil judgment with your local prothonotary or clerk of courts.  Once filed there, it will be a lien on any real estate owed by the judgment debtor (as that name appears on the judgment and on the corresponding deeds). You can also ask the district magistrate to assist you with collection through a local constable.  The constables are knowledgeable and fairly resourceful in the process.  If the debtor is local, the constables often know where to find them.  Contractors are required to be registered with the Pennsylvania Attorney General's office AND to have liability insurance.  You might be able to find more information on the contractor by using the search function of that site found here:  https://ask.lawyers.com/Admin/Answers/Create/803418?src=Q.  If your judgment is something that is covered by insurance and the contractor does have insurance, you can turn the claim over the contractor's insurance carrier listed on this site.  Good luck!... Read More

Assuming that the judgment was not reversed on appeal, every jurisdiction has a variety of collection mechanisms available to judgment creditors, usually including garnishing a judgment debtor's income, and/or having their assets sold, until the judgment is satisfied.  The local clerk of the Court or sheriff may be able to help you with the procedure in Pennsylvania.... Read More

Anybody can be sued, but if your daughter was not involved in the accident, she is not liable.   Nevertheless, she should notify her auto insurer.  If and when she is sued, the insurance company should provide an attorney to represent her and, hopefully, the evidence that it was not actually your daughter in the accident will be so compelling that the attorney will be able to get the claim dismissed.  If I was representing her now, I might be tempted to write a letter to the company harassing her, setting forth the evidence that she was not involved, and warning them that she would seek sanctions against them if they continued to pursue this baseless claim, but I doubt the insurance company will provide counsel until and unless she is sued, and I don't think you want to pay for a lawyer yourself to write such a letter.  If you do decide to hire a lawyer yourself, or the insurance company provides one now, refer the company to your lawyer and let him/her deal with the matter.... Read More

This lawsuit is very common -- there are many companies that purchase delinquent accounts and then try to collect on them.  Often the debt buyer has little to no information regarding the underlying account and the validity of the debt.  The best thing to do with these claims is to respond to them, demand validation of the debt and, if necessary, attend the actual hearing.  When properly challenged, these debt buyers often back off because they know their claims are invalid or that they'll be unable to prove them at a hearing.  They rely on people not responding to the claims and allowing them to take default judgments. Its often not cost-effective for someone to retain an attorney to respond to these claims.  However there are companies that sell legal services memberships that entitle members to certain legal services, such as phone calls, document review and letter writing (such as a letter disputing your debt) as part of the membership benefits.   My law firm is the provider law firm in Pennsylvania for LegalShield, a provider of legal services memberships.  For as little as $20 a month, you can get telephone consultations, letters written on your behalf to document review, speeding tickets to will preparation and more.  We don't sell the memberships.  If you are interested in learning more, I suggest that you contact pbergerjr@legalshieldassociate.com. ... Read More

Your roofing job is likely covered by the Home Improvement Consumer Protection Act.  Here's a link to an article on my website about the Act, how it protects homeowners and remedies you have, including the assessment of triple damages and attorneys fees, against contractors who violation the provisions of the Act.  http://www.wgsf-law.com/hiring-contractor-know-rights/  ... Read More

Unless the law in Pennsylvania is unique, no, you do not have a claim.  I don't mean to minimize your feelings for your friend or the affect his shooting has had on you, but if everyone could sue because of harm done to their friend, there would be billions of lawsuits instead of just millions.  If the shooting was wrongful, your friend or his estate or heirs would have a claim, and so might his spouse... Read More

Assuming that the statute of limitations has not run (in NY the statute of limitations on this claim would be 3 years, but I don't know what it is in PA), you can sue for conversion.  However, you might want to report your information to the police first.  If they visit your coworker, they might be able to get results quicker than a lawsuit.... Read More