Pennsylvania Civil Litigation Legal Questions

If debt collectors don't remit money collected, they are liable.  I assume you have proof of payment and it should be relatively simple to resolve this issue with the school district and borough directly.  They colectors are agents for the government and paying the agents is the same as paying the government.  If this is not resolved amicably, you can sue. Feel free to call or e-mail me on a free intial basis.   ... Read More

That is because each case is based on facts and what each party can prove.  If you can prove that the step dad damaged your car, you should win.  The damages should be the amount to repair the car to its condition before the damage occurred.  That would require proving what it was before the damage.   Even if you obtain a judgment, collection is another matter.  It may take time and money and you may not be able to recover money.  That is the dilemma faced by anyone seeking to collect money.      ... Read More

There is always a question in each case whether the care exercised was reasonable.  The rules of court now require that a Plaintiff obtain a certification from another professional that there is a basis for suit.  A medical malpractice attorney can advise you initially whether he thinks there may be a case, and he or she would follow up from there. ... Read More

In PA, unless he voluntarily agrees to repay you, your only recourse is to sue, obtain a judgment, and then try to collect on the judgment. Collection might be easy or difficult depending on what assets he has, what assets you can find, and what assets are not exempt under applicable state law.... Read More

42 Pa.C.S. § 8104  (2007), states the following: “(a) GENERAL RULE.-- A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.” If they fail to do so, you can seek damages. “   (b) LIQUIDATED DAMAGES A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $ 250 nor more than $ 2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.”... Read More

A nuisance can be any one of many events, including, but not limited to, noxious fumes and loud noise. You would sue the landlord because he is the owner of the property and he is ultimately responsible for what his tenants do.  However, most attorneys take the overkill approach and prefer to name every possible defendant which would include the tenant. The difficulty you may have may be proving damages.  But a suit would certainly get their attention and may very well at least end in a settlement.  ... Read More

As a general matter, the duty of a litigant is to provide notice in a manner reasonably calculated to come to your attention. The fact that notice was given in such a manner, even though you were out of town on a protracted trip, means that the other side complied with its duty. A court can reasonably find that your lack of actual notice is irrelevant. However, courts sometimes relieve parties of their defaults when they can show reasonable cause. You should engage the services of an attorney to discuss that process.... Read More

This is a situation where you should contact an attorney who specializes in medical negligence claims immediately.  it may actually be that the doctor mis-read the results or some other problem which was the result of negligence and not necessarily lying.  Scott B. Cooper scooper@schmidtkramer.com 717-888-8888... Read More

Yes, you can sue in Pa but will need to file in the local DJ office.  Then a hearing will be scheduled.  In the long run you may end up winning but it may not be economically worth your time and effort to do that.  Some other suggestions are filing a complaint with the PA Attorney General Dept of Consumer Protection and also the PA Better Business Bureau. Scott Cooper scooper@schmidtkramer.com 717-888-8888... Read More

You may appeal de novo within 30 days.  You will however be forced to file a complaint at the common please court level, which will likely require a lawyer as the process is a bit more involved.  You should engage in a cost-benefit analysis and seriously consider attempting to reach an out of court settlement.... Read More