Pennsylvania Civil Litigation Legal Questions

IF your question is whether the mere fact that you are romantically involved with your boyfriend, who is still technically married, would allow his wife to sue you , the answer is NO. While, under certain circumstances, the fact that your boyfriend is involved with you while still married MAY give his wife some advantage in a divorce proceeding , there is no civil lawsuit against you.... Read More

If your ex gave  you the computer as an outright gift, he cannot take it back.  The problem is that this is a he said/she said situation, with no guarantee as to who a Judge or jury will believe.  He may say that he didn't give you the laptop, but only allowed you to use it, or that he only gave you the first few payments on the laptop and you were supposed to make the remaining payments, or that he only loaned you the money to buy the laptop, but you were supposed to pay him back.  While criminal charges are theoretically possible, they are very unlikely in this domestic, penny-ante he said/she said situation, but a civil suit is more possible.... Read More

You may have a claim against your sister for defamation.  While you can sue your sister's employer, from what you've written it doesn't seem to me that you have much of a case, because it seems very unlikely that your sister's activities could be considered to be in the course of her employment.  If your sister continued  her activities on her employer's cell phone after you informed her employer about them, and it failed to take appropriate action to make sure the harassment stopped, that might be a different story.... Read More

Do you have the mother's last known address?  Are you sure that she has moved?  If so, she may have left a forwarding address, which I believe you may be able to obtain from the post office by filing a Freedom of Information Request.  If you still can't locate her, you still have options.  In cases where you cannot locate the defendant to serve them the usual way, and after making several diligent attempts to do so, you can make a motion to the Court to allow you to serve them in some other way, usually by publication, that is you take out an ad in a periodical approved by the Court.  However, I do not know if a small claims court can or would do this.  You may have to start your action in a court of general jurisdiction.  Alternatively, a private detective may be able to find one or both of the defendants .... Read More

There is a statute of limitations for breach of contract actions in Pennsylvania, and 14 years is way beyond it.  However, the limitations period doesn't start from the date the contract was entered into, but from the date it was breached.  Also, the statute of limitations can be extended in some circumstances.... Read More

One reason why you will continue to have difficulty trying to find an attorney is that such claims are extraordinarily difficult to win. If you are dissatisfied with the outcome of civil litigation, the remedy is appeal, not to sue the judge. A federal principle called the Rooker-Feldman doctrine (google it) bars these suits entirely in federal court.... Read More

If you are asking whether you have a claim against McDonalds, I do not believe so.  The temperature of their coffee is not the proximate cause of your injury.  Your claim against McDonalds is similar to someone who has drano thrown in their eyes suing the manufacturer of drano.  The drano, like the coffee, was fit for its intended use, and the manufacturer is not liable because someone decided to use it for an improper purpose.  These rules are a little different where you have an inherently dangerous product, like a gun, but coffee would not fit into that category.... Read More

A mortgage company has the right to protect its asset.  If they believe the house is vacant they can and do change locks, board the windows and take other steps to secure it.  However, I have never heard of a company taking personal items.  It is possible that you have a claim under the fair debt collection practices act.  They should certainly return your items once you tell them you are still living there. ... Read More

Anyone can sue anyone for anything.  When you are sued, you have little choice but to defend yourself.  The only exception would be when you know you are wrong and a defense would serve no purpose. In your case, it sounds like you have a valid defense and you should contact a local attorney ASAP to protect your rights.... Read More

To recover belongings requires a suit called replevin.  That, of course, will cost you money.  So, you have to decide if the attempt is worth the expense.  He could contest it claiming it's his or that you gave it to him.  Even if successful, his defending it could take another 8 months or more to resolve.  ... Read More

You have the right to sue.  The likely place would be in the magiesterial district justice (small claims court).  The limit for cases that can be brought there is $12,000.00.  However, please note that any one can sue any one at any time for any thing.  Simply because you sue doesn't mean you will get paid.  To the contrary, you could end up being out more money for costs and recover nothing.   The case is based in contract law.  But the essential elements of a contract must exist for it to be enforceable.  Those generally are amount, time, and place.  The amount is fine, but when was it to be repaid?  Was there interest?  What were the penalties for failure to repay?  How you were to be repaid?  The other person may simply claim it was a gift or the 2 of you agreed it could be paid back whenever he or she had the funds to do it.  A gift is not a loan and lack of definite repayment terms may make it unenforceable. Even if you win, it is another matter to actually recover anything.  The other person may appeal for a few hundred dollars and you will then have to file a new complaint in a new, more complicated court.  Or they may simply not pay the judgment amount, and you will be forced to file for execution which will cost more money.  The other person may have no assets, they may be exempt, or they may file bankruptcy. So, while you can enforce your rights in theory, be prepared for the worst case scenario.             ... Read More

You need to file a complaint.  It is not a simple procedure and I strongly suggest consulting with an attorney like me who offers a free initial consult.  It may survive the cost benefit analysis to have an attorney help you.  The chance of success depends on the nature of the case and who represents you.  ... Read More

You cannot move for dismissal for inactivity.  Rather, after 2 years of inactivity, the Prothonotary, where pleadings are filed, will notify the parties that the case is subject to dismissal after about 30-60 days unless something is filed.  Basically, each court is different, but the document is essentially an affidavit that the party wants the case to remain active.  If that is filed, it can remain another 2 years. But, assuming this is Phila based upon your reference to Municipal court, it is true there are status conferences.  Also, it may be that it will automatically get scheduled for arbitration so the case should come to a hearing in ordinary course.... Read More

There are 2 types of actions involved, product liability and negligence.  Product liability does not require a party to prove the manufacturer did anything wrong, merely that the product caused harm.  The reason for this standard is to require that certain industries bear the burden of assuring the product is safe.  If there is a defect in the car, a product liability action against the manufacturer is the likely action. If your complaint is against the service department for shoddy work, the action is negligence.  You must prove that the work was not performed correctly. In either case, you need a personal injury and products liability attorney.   ... Read More

Any court hearing can be enforced by the power of the court.  That includes issuing a bench warrant for arrest. At a minimum, failure to appear usually results in a default so that there is a finding against you.  You would then have to comply with whatever order was entered or face sanctions, which could include incarceration or fines or both.... Read More