Category Archives: General FAQ

How can I eliminate my debt for my repossessed van?

Q: I lost my job and suffer from medical conditions. I was behind in payments and just gave up. They took it out of my doctor’s parking lot, and I had to walk home.

A: Your options are to defend the suit if they sue you and/or try to settle with them for payments. You can also talk to a bankruptcy attorney and see whether filing under Chapter 7 is an option for you.

Can boss not pay me for a paid holiday?

Q: Can my boss tell me I’m not eligible for a paid holiday when everyone else who worked that week got paid for it? I don’t get holiday pay even though I always had holiday pay. He said I am still getting sick time and vacation pay. Can he do this? I am the only employee that isn’t getting holiday pay.

A: If you have no organized labor protection, you have very few rights as an employee in PA unless there is a violation of federal law such as racial, sexual or age discrimination. The Commonwealth of PA Department of Labor and Industry, Wage and Hour division can provide help to an employee who is not paid by their employer for work done. Look in the phone book or on line for a phone number. Perhaps they can at least give you advice.

Can I pay off my mortgage while in Chapter 7?

Q: I am in Chapter 7 bankruptcy. I paid the trustee some money and it is being distributed to my creditors. The case will be open for several more months. In the meantime, I have reached the age of 62 1/2 and I am going to cash out my pension, roll most of it over to a 401K and use the remainder to pay off my mortgage. My mortgage lender has agreed to very reasonable amount of money. Can I go ahead the do this deal while my bankruptcy is still pending? Do I need the court’s permission?

A: Generally, it is not a good idea to withdraw money from your pension to pay off a mortgage, especially while in Chapter 7. u would almost certainly be converting an exempt asset to a non-exempt asset, which may cause significant problems and even loss of property. You should wait and be sure to discuss any such plans with your bankruptcy attorney.

 

They used my address on their Yellow Page listing

Q: A locksmith company has used my home address as their business address. I have a Notary business that I use my address for. I contacted them and they won’t respond. It is advertised in Yellow Pages and on line.

A: I would start with Yellow Pages. It will be hard to reach a decision maker at YP, but eventually you will. At least they can correct the on line listing immediately. The printed books cannot be changed until next year’s books are printed. Check and see if this locksmith uses your address in other business directories. If he or she does, then you know he or she is the problem and not YP. There are services such as Yext who will correct then sync all of your on line listings on dozens of various search engines for a fee. Send a certified letter to the locksmith. If that doesn’t work, hire a lawyer to obtain a cease and desist order from a court. You can also have a google savvy person or IT person look at all of your on line listings to see if it is only YP or all of your on line listings which are in error. That would be a good starting point

Should I open a second account to avoid a creditor?

Q: Is it wise to open a separate bank to avoid unpaid bills if a creditor attempts to put a freeze on your (spousal) account? I am in the midst of attempting to settle a debt with a creditor; I know it is a possibility for them to freeze my bank account; but I also know they are unable to garnish anything from it because it is a spousal account. I am wondering if it is wise for me to open another account and have our money moved to that account so we would be able to pay our bills in lieu of the process of them freezing/unfreezing the account?

A: Talk to a consumer attorney first. You need to determine if you even need to pay this debt or should pay this debt. If you have been dealing with a creditor collections person, you may have been misled and bluffed. No creditor can lien personal or real property or garnish wages without giving you notice of suit, suing you and getting a judgment. As far as opening the new account, it may be a logical short term strategy, but not for the long term. If there is a judgment, the creditor can find this account and you could commit fraud by moving accounts to avoid collection.

Is neighbor responsible for sliding hillside?

Q: Who’s responsible for property damage when a hillside is collapsing? The neighbors behind us moved in two years ago and when they did I asked them to please remove the giant slabs of concrete that were sitting on top of the hill on the edge of the property. Our yard sits probably 10 feet below theirs. Well the slabs have slid down the hill side as I knew they would, collapsing the hillside into my wooden privacy fence causing damage. Who is legally responsible to stabilize the hill and fixing my fence, us or them?

A:  I would have to research the duty of a landowner to prevent a condition on his property that damages neighboring property to give you a proper answer. The last time I looked at this was in 2008 and I did find case law on this issue. My recollection is that such a duty does exist, if certain conditions are met. If you engage a lawyer, it will cost you. Your first step should be to contact the city or borough code enforcement officer and see if he or she can help. This might be a code violation of some sort and perhaps the neighbor could be cited, which would or should case him to remedy the condition.

Can I represent myself in Allegheny County Arbitration?

Q: Is it recommended that I have a lawyer when going to an Allegheny County arbitration hearing? This hearing is for an appeal to a small claims court ruling.

A: It is highly recommended if you can afford it. It is called Arbitration and has a jurisdictional limit of claims 50K and lower and your case is heard by a panel of three attorneys instead of a judge or formal. Although it appears somewhat less formal than a judge or jury setting, the rules of civil procedure and evidence still apply. The person who knows these rules has the upper hand which generally means those who are represented will do better. This is especially true if the other side has an attorney. If that is the case, the other attorney can limit your testimony with objections based on the rules of evidence, such as foundation, hearsay, lack of discovery notice, etc. If the other side has no attorney, some arbitration panels will help you and the other litigant sort out your problem, and try to do justice, although don’t take that for granted. Even if the Arbitration Board is that gracious, you still may lose your case based on your lack of knowledge of the rules of procedure and rules of evidence.

DOES STEP FATHER OWE MY UNPAID MEDICAL BILLS?

Q: Should I take my ex stepfather to court for past unpaid medical bills? I have a past due med bills that the insurance company had written a check for and then sent to the primary name on the insurance (ex- stepfather) that never paid the bill but cashed the check. There is now at a debt collector on my credit, calling me at home and at work. Am I responsible to pay or is there anything I can do to make him pay?

A: Nice guy. There are questions I would need answered before offering my opinion. For example, was he viewed as your legal custodian at the time? Were the checks made out to him with the express purpose of paying your bills? If so, this would make him a guardian/fiduciary of the funds and he therefore misappropriated them. You may have grounds to file a civil suit against him. I would first notify the insurance company and also provide them written notice of what happened. If they don’t seek the money from him, and continue to pursue you, you may have a problem. If they sue you, take the papers immediately to a lawyer. A lawyer can cross-claim against your ex stepfather and bring him into the suit.

I fell and am wondering if I should sue my landlord

Q: I am having a dispute with my landlords over an accident that I had in the house i rent from them. I fell and broke my shoulder. I fell and broke my shoulder and the landlords deny any responsibility. I had the property inspected by the building inspector for the area that I live in and found out that the landlords do not have a certificate of occupancy for the house and he found a number of problems including the fact there was not a complete handrail for the staircase that I fell from. I have a broken shoulder and strained muscles, ligaments and tendons which has limited motion in my entire arm and has produced many problems in taking care of myself including but not limited to showering, dressing and other personal chores. It has also limited my doing my job at work and I have lost hours of paid work time. What can I do?

A: Just because you fall does not mean the landlord is liable. You have to prove that the landlord was negligent in maintaining his building and some this negligence resulted in your injuries. However, based on what you said, you may have a case. You will get nowhere fast trying to get money from the landlord or insurance company on your own. You have two years from the date of the incident to file. Hire a lawyer to review the case.

WAS SERVED WITH CIVIL COMPLAINT, WHAT DO I DO?

Q: Auctioneer fails to deliver auction of property. Now is suing me for thousands. What to do?I have a property that is hard to sell, so I contracted with a real estate auctioneer. The contract was that the auctioneer would market the property online, and in print advertisements, and also conduct a formal auction with bidders. The auctioneer guaranteed me a sale of the property from the auction, and bidders for the auction in written communications. The contract was $5000 for marketing which I paid up front, and an additional $5000 after the auction for the auction. There were no provisions in the written contract about responsibility on either the auctioneer, or the seller’s end if the property did not sell, or if there were no bidders. On auction day, no bidders showed up, and the auctioneer did not commence the auction. The auctioneer left 10 minutes after the auction was to begin, and stated that he would follow up with me. The auctioneer never followed up with me. One week later the auctioneer sent me a demand letter for the additional $5000 for the auction even though there were no bidders for the auction, and no auction was actually conducted as planned. I sent a letter back to this auctioneer stating that I think no further payment is warranted since he did not conduct the auction, left early, and did not deliver as promised in writing to “Sell My Property”, and “Bring Many Bidders To The Auction”. One week letter I get a complaint from the county court of common pleas that the the auctioneer is suing me for $5000, and $2500 for additional damages. In the written contract the auctioneer guaranteed me a diligent and effective auction, but he clearly did not deliver this because there were no bidders interested in participating, and he never commenced the auction as scheduled and planned. How can I proceed to defend this?

A:  You need a lawyer. You have 20 days to answer the complaint. Whether you have a defense can probably be determined by reading and interpreting the contract, which a lawyer can do for you. YOU MUST FIND A LAWYER IMMEDIATELY to file a written answer to this complaint. If you don’t answer the complaint, you may be subject to a default judgment and lose important rights or property.