Pennsylvania Collections Legal Questions

If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).... Read More

I changed the category of your post from Collections to Property Tax Appeals because you did not state that you have been given any collection demands regarding the property tax, only that your escrow for taxes apparently went up.  Your best course of action is probably to appeal the assessment of your property unless there was a general increase in the property tax rates in your area.  If there was a general rate increase that is not really a legal matter but a matter that would have been implemented by your local county commission or school board.  Contesting the assessment is essentially your opportunity to show the appeals board why the value they've placed on your property is too high.  If you prevail the assessed value would be reduced thus reducing the amount of tax and then lowering your escrow payment.... Read More

I am unable to give you an answer without more facts.  An important fact that can determine whether you can recover anything from your boyfriend is if the money you gave him was a loan in writing or if he had made any payments to you evidencing repayment of a loan.  If you just gave him the money without putting anything in writing or any documentation that it was a loan that you expected he would pay back, it could be considered a gift or your contribution to the living expenses while you were living there.  As I said at the beginning I am not able to give you any guidance without more facts.... Read More

An LLC is a separate entity from you individually.  The company's debts are not your debts unless you personally guarantee the debts, or the companies limited liability is removed for any number of reasons. You need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Yes, the fair debt collection practices act regulates collection agencies collecting for the original debt-holders. Please see: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Yes, it is legal, assuming the debt is a legitimate debt the collector believes that you owe.  You can write a letter within 30 days, requesting that the debt be verified, but the collection agency can collect on a debt without sending you anything first. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies. ... Read More

There are several issues that are not addressed in your inquiry and thus, it is difficult for me to fully advise you.  Please consider the below some preliminary guidance.  I would suggest, especially because of the possible collection efforts, that you bring all relevant documents and information to an attorney and have the attorney review.  The attorney would be in a position to more properly advise you. From the outset, since your husband signed the contract, he is certainly liable.  But, either during or since your divorce, was there an agreement or support order issued which outlined who was responsible for medical costs and expenses.  In part, the ultimate liability would also be dependent on the support order and/or agreement. Regardless of the contract and/or a support order, there are laws in Pennsylvania which provide that relatives of an indigent person (someone not able to pay their own medical bills) are responsible for the bill - that would include a parent.  Thus, the practice could potentially employ this area of the law to hold you responsible.  Certainly, if you were to be sued, you would want to consider joining him in any action that is filed.  Have you spoken with the practice and shared the relevant circumstances as to his responsibility?  Have you been in touch with your ex about his responsibility for the bill?  I hope that the above has provided some preliminary advice.  Marla D. Sones      ... Read More

Without having all of the facts and circumstances related to your inquiry, it is difficult to provide you with legal advice.  I would suggest you contact an attorney who can more properly guide you.  On a very preliminary and general basis, I must assume, again without looking at the paperwork, that there was a judgment entered against you.  A writ of execution is the procedure to secure satisfaction of a money judgment.  That would also come from a court, not a bill collector.  (Again, the reason why I would suggest you consult with an attorney who would be in a position to actually review what you received and properly guide you.).  If you have no assets, then there is nothing to sell or levy or execute on in order to satisfy the judgment.  Generally, in Pennsylvania wages cannot be garnished to satisfy a judgment. If the judgment is against you, they also cannot attach a bank account that is in someone elses' name or which is held jointly with another.  However, the judgment will be on your record.  A judgment, unless revived, lasts 5 years.  However, a judgment creditor is free to revive the judgment every 5 years and maintain its validity.  Thus, if you ever acquire assets (for instance, if your mother's home is being left to you, once title to the property is transferred, it would be subject to execution.)  Again, I would recommend that you consult with an attorney who can more properly advise you once he or she has reviewed the documents and all of the relevant facts and circumstances.  I hope that I have been able to provide some initial guidance. Marla D. Sones... Read More

Please consider the following merely preliminary advice and guidance based on the limited information presented by your inquiry.  I would suggest consulting with a attorney who would be better able to advise you based on all of the relevant facts and circumstances. If a judgment (a default judgment in the event you did not respond to the complaint) was entered, you have 30 days in which to appeal.  If the judgment was entered at the district justice or magisterial level, the appeal is one known as de nova - you have an automatic right to appeal to the common pleas court level.  If the judgment was entered in a court of common pleas, if there is a basis to do so (you did not get proper service of the complaint for instance), you could have an attorney file a petition to open or strike the judgment but to do so, you need to act quickly since such petitions must be timely filed. Any judgment will impact your credit worthiness.  Thus, another consideration could be attempting to negotiate a payment plan on the judgment or a lump sum payment in order to have the judgment marked satisfied.  Otherwise, although generally wages cannot be garnished in Pennsylvania, if the credit card company wanted to execute on the  judgment, they could put a lien on any property you own, execute on the judgment and have the property sold and/or could garnish your bank accounts. Again, as I do not have all of the relevant facts and circumstances, I would recommend that you consult with an attorney who would be in a position to more properly advise you.  The above merely provides some general guidance and options. Marla D. Sones  ... Read More

It is unclear from the facts provided the nature of the money you signed for or received from your attorney.  Was it in the nature of a settlement from a lawsuit?  Did your attorney agree to represent you on a contingent fee basis?  Did he deduct his fees and expenses first and then provide you with the check for 3k?  Was the 3k all that was owed you after the deduction of fees and expenses? Did he provide you a letter or distribution sheet when he gave you the check?  As you will note, it is difficult to provide you with a response to your inquiry. Regardless, in order to provide a definite response to your inquiry, an attorney would need to review whatever documentation you have and obtain information as to all the relevant facts and circumstances. Thus, I would suggest that you speak to an attorney in your area and obtain some additional guidance. Notwithstanding the above, if you are owed the sum of 11.5k from your attorney and only was given a partial payment, my recommendations would include:  follow up with the attorney and request the remainder of your money and/or information as to when you should expect to receive it?  If the attorney does not pay you the remainder of the money, you can file a claim at your local district justice office.  Additionally, you may wish to consult with your local Bar Association who often has a fee dispute committee who can assist with issues such as  this.  Finally, if you are legitimately owed money and the attorney fails or refuses to pay you what you are owed, then you can also contact the Pennsylvania Disciplinary Board and file a complaint against the attorney. The information about submitting a complaint can be found at http://www.padisciplinaryboard.org/forms/consumer.php. Although I did not have sufficient information to properly address your inquiry, I hope that this general information will provide some guidance.  Again, I would recommend you consult with an attorney who can more properly advise you once he has all the relevant information. Marla D. Sones      ... Read More

Initially, there are various factors and considerations which are pertinent to providing any guidance on your concerns and inquiry.  To the extent that your question does not provide all of the facts and circumstances which may be relevant, please consider this response as a preliminary and general reply.  To the extent that your agreement is in writing and the terms and conditions for re-payment are spelled out, that written document or agreement is controlling.  Thus, if the agreement provides for  a monthly payment in a certain amount at a certain time and you have complied with the terms and conditions, there may be no basis to sue you and attempt to collect.  If there was a sum certain designated, unless the agreement provides otherwise, there would be no legal basis to increase the amount of the agreed to payment amount.  Moreover, unless the written agreement provides for counsel fees, in a "breach of contract:" action, attorneys fees are generally not recoverable.  Also, if the lender is attempting to have you pay off the loan, the provisions of the agreement would also control as to whether and under what circumstances the lender can accelerate the payoff of the loan. If there is no written agreement, the court would most likely look to the routine pattern of payment and the amount of the payment since the loan's origination, how long you have been paying, and over what period of time the lender accepted your monthly payment without complaint - thereby providing some evidence of the understanding between the parties.  I hope that this provides some general guidance.  I would further recommend that you consult with an attorney with respect to the specific facts and circumstances of your loan arrangement who could  then more definitively advise you.  ... Read More