How can I sue a car dealer?

Q: I took my car in for a transmission problem and they had the car roughly two months all work was covered under factory warranty. I got the car back and three weeks later my fiancé and my daughter were driving down the road and it caught fire and totaled the car (luckily no one was injured they jumped out of the moving car). There was transmission fluid where the car caught fire on the road. It’s in the police report also. (Pittsburgh, PA)

A:  I would make sure you notify your auto insurer asap. I would gather all evidence, police reports, your repair bills, and keep notes on all conversations with the dealer or their reps. You may want to have the vehicle sealed or kept in a locked garage by a neutral party to avoid an allegation of tampering with evidence or spoliation. Your insurer may do that for you so their expert can examine the car. They may have a subrogation claim against the dealer for what they pay out to you. Whatever you do, do not give the car back to the dealer prior to a forensic mechanical exam by your insurer or a neutral mechanic. My experience is that car dealers never want to admit fault or liability and never want to pay. Litigation is usually necessary. I would notify them but at the same time do not make any statements to them or their reps and find yourself a lawyer.

Is it illegal to prepare a legal document if you’re not a lawyer?

Q: I am going to be a law student soon and have some legal knowledge- a family friend is being taken to small claims court for a landlord tenant dispute and wants to file a cross complaint. She asked me if I can prepare it for her. I am not sure if that is impersonating a lawyer or not since I do not have a law license yet. I don’t want to do anything illegal and I tended to think I would be impersonating an attorney. However, I am not sure if there are any statues that permit someone to prepare a legal complaint for someone so long as I tell her story as it is her position and just not represent her (as obviously I cannot do that). Any advice is helpful.

A: I think you can assist her and advise her. If you never identify yourself as her counsel or as a lawyer, do not charge her a fee and never identify yourself on the document or in a court as her lawyer, I think you are safe. I have been involved with pro se litigants who have been assisted by another person, a family member or friend. I have also served on Arbitration panels and have seen the same thing. As long as this is a friend and you are not in the business of doing this, you can advise her on the contents of the document and have her sign it, I think you are distanced from the unauthorized practice of law. If you need a more definitive opinion you can call the PA Disciplinary Board and ask for the Ethics hotline.

Can she quit claim houses with a HELOC?

Q: My aunt wants to quit claim deed me her residence that she still owes around $50,000 on HELOC. My question is what will happen to that HELOC once the residence is in my name? Will HELOC be her financial responsibility or will it stay attached to the residence that is now deeded to me? If it is still attached to the residence, can I just continue picking up her payments? Or will she have to make her payments on her own? (Pittsburgh, PA)

Q: I will assume that this is a home equity line of credit which is secured by the home through a loan agreement and by a mortgage or lien filed with the Department of Court Records. As such, this lien will follow the residence and never be removed until the balance is paid or it is otherwise removed with the consent of the lien holder/lender or court order. When you take title to this property, you will assume the debt through the lien. If you would default on the payments, the home could be foreclosed upon and seized. As your aunt is obligated on the loan agreement, whether she or her estate would have any personal liability above and beyond the value of the seized home, would require a reading of the lien documents. Be aware that some mortgage and lien documents contain a “due on sale” clause which prohibits a transfer of ownership prior to satisfaction of the lien without lender approval. If such language is present, the entire note could be due immediately upon transfer and lead to foreclosure. If you want to assume payments for your aunt, I would talk to the lender. They may require refinancing in your name or perhaps a less involved assumption of mortgage agreement.

What happens if you used your automobile as collateral and it was totaled?

Q: I took out a loan with One Main Financial with my automobile as collateral. They take the payment out of my account once a month. All payments have been on time. I was driving my vehicle and the axle broke. I had to have it towed. The shop says it’s totaled whole bottom rusted out. My Insurance Company said they can’t do anything because I was not in an accident. I called One Main. They are asking if my husband can co-sign. I said no way. What can One Main do to me? They are getting their payments every month on time. (Pittsburgh, PA)

A: Take your loan agreement to a lawyer for review. Until you do, neither you nor your husband should sign anything. Do not make any statements to them. The loan agreement will state what rights One Main may have. I would imagine you are obligated to pay the money regardless of the car as collateral. If they are getting paid, and your insurance company will not pay out any proceeds for them to go after, I don’t know what recourse they have.

If driving privileges are suspended in PA from DUI can I legally drive in PA with a NY license?

Q: I have a NY driver’s license from when I was in the Army. I was wondering if I could drive legally in PA with the NY driver’s license. Also, I got my DUI back in 2014. I have now heard that a warrant is required to take blood from DUI perpetrators. They didn’t have a warrant for my blood, so can I fight it? My license in PA is to be suspended for 18 months. I have completed 14 months out of the 18, is there any way I can get my license back earlier? (Carnegie, PA)

A: If a PA driver’s license suspension is in effect, the notice of suspension will be sent from PennDOT to the NY Department of Motor Vehicles. Most states are signatories to an interstate compact act and have reciprocity with driver’s licensing matters. You can probably call the NY State DMV to be certain. As far as the requirement of police to obtain a search warrant to obtain blood from a hospital, Birchfield v. North Dakota was a 2016 case and therefore does not apply retroactively to 2014. As far as getting your license back early, it is doubtful, but you can file for an Occupational Limited License on the PennDOT website. My question is why in 2017 are you still under suspension? You may want to get a Restoration Requirements letter and your driving record from PennDOT. You may also want to call the Clerk of Courts to see if there is any probation condition you have not fulfilled to make yourself eligible to restore.

How do I get my half of our inheritance back from my abusive, manipulative sister?

Q: My sister said she’d help me while going through a trial for assault by my husband. She’d never been kind before and I couldn’t understand why she was doing it now. Before I moved into her apartment she began telling me I owed her for the care of our parents. We’d never discussed money before but suddenly after our parents passed she decided I owed her my 1/2 of the inheritance. I’d lost everything during my divorce trials, used all my retirement and cashed in my CDs to pay my lawyers. She had no problem taking the money and leaving me with nothing. She said I’d get some back but so far, it’s been $1,000 from what she said was the sale of our mother’s jewelry. I’m in desperate need of that money, 64 years old & just had a heart attack. I’ve been on disability for more than 15 years and live from check to check. What can I do to get what she took by coercion, duress, bullying, guilt and flat out verbal abuse? I’m extremely distraught and am medicine since I’ve had my heart attack. (New Stanton, PA)

A: I know you are looking for a quick answer but there is no way any attorney can answer your question within the confines of email. You really need to sit down with a local estate attorney and bring all the documents and information you have. The attorney can look up to see if there was a will, if an estate was opened and if so, who the attorney was and possibly the extent of the probate assets if your county published inventories on line. Much more specific information is needed. I suggest talking to an attorney first over the telephone to see if you can get some guidance on how to find out as much as you can on your own, and then when you do, make an appointment for a consultation.

Opposing council did not answer complaint properly.

Q: Opposing council has not answered Count 4 of my Civil Complaint as required by the Rules of Civil Procedure. They answered it otherwise. As I understand the PA Rules of Civil Procedure, a failure to specifically deny a paragraph in the complaint has the effect of an admission The Arbitration Hearing is Thursday. Do I just start by saying he has admitted Count 4, and ask for a judgment? (Pittsburgh, PA)

A:  I assume you are referencing PA Rule of Civil Procedure 1029? I doubt the board of arbitrators will grant a judgment against the plaintiff for failure to specifically answer a paragraph in a complaint. You can raise it at the hearing and make your argument however.

Did I cause a fender bender? If so, will I get in trouble? If so, to what degree?

Q: There was construction leading to a highway coming home from work. They just recently put up a stop sign on the road where the construction was being completed on, as you merge onto the highway. I stopped at the sign and didn’t see anyone over on the freeway. I merged over to the highway quickly and hear someone honking. I look back and I assume the guy behind me had to hit the breaks to avoid me merging in the lane. We did not collide and didn’t come close. However, the woman in the car behind him must have been tailgating and slammed on the breaks and to avoid hitting the guy behind me, she steers right and drives into the lane that is blocked by traffic barriers. She hit an orange/white construction road barrier and quickly got out of her car and was giving me the finger. I don’t think much damage was done and can’t imagine anyone was hurt. I was going to pull over but there was no place to do so since the road next to me was blocked by construction barriers. I made the next exit turned around, got stuck in traffic before I could get back to the accident. By the time I got back, she was gone. I’m not totally sure if it was my fault. (Pittsburgh, PA)

A: Section 3744 of the PA Motor Vehicle Code requires a driver of a vehicle which causes damage to another vehicle or property to give, at a minimum, his or her name, address and registration number of his vehicle. If that is not possible the statute requires the driver to forthwith report the incident to the nearest police department. My advice would be to report it to the local police department where this occurred or to the state police as soon as possible. Get a record of your report from the police if you can and keep it. There is a risk that you could be cited with a Motor Vehicle Code summary violation if someone took your license plate number. Also, you may want to report this to your motor vehicle insurance carrier. If you receive a call from the police do not offer to speak to them and call an attorney.

Can Medicaid put a lien on a house if there was a QCD at least 1yr. prior?

Q: Mother was taking care of grandmother. Mother then dies. Grandson steps in to take care of grandmother. Together they get a Quit Claim Deed. Grandmother gets injury to foot. The doctor advises ER visit. Grandmother kept 3 days then moved to nursing facility for “rehabilitation”. The nursing facility moves grandmother into extended stay. Medicaid takes over after 3months. Medicaid put lien on house approximately 4 months later. Quit Claim Deed was already in place but not recorded yet. (West Mifflin, PA)

A: Medicaid can look back for a period of five years at all transfers of real and personal property by a Medicaid applicant. If the transfer was done without fair consideration, for example, by gift, the transferred property can be considered part of the applicant’s estate. If so, Medicaid can exclude the applicant from funding to the extent of the value of the property. This is what sounds like happened here. It would be worth your while to have the case reviewed by an attorney versed in Medicaid regulations. There may be an exception if a disabled child was living the home or a child serving as a caretaker of the applicant lived in the home for a two-year period prior to hospitalization. In addition, there are permissible exclusions in the spend down process that you may want to be advised on.

Will she be better off taking a plea deal?

Q: My 12-year-old has a public defender. She is accused of felony indecent sexual assault and misdemeanor indecent assault against a 12-year-old peer. We believe it was consensual and the girl has “buyer’s remorse”. I would like to plead not guilty. She can plead to the misdemeanor, I don’t accept that. What do you think would be best? (Cranberry Township, PA)

Q: These cases require a great deal of preparation and attention. The penalties are drastic and unfair. Jail is unlikely but sexual offender registration could be, which is oppressive. I had a similar case between teenagers. We were in the middle of trial and because the judge sensed that it was consensual, the judge brokered a consent decree with no admission of guilt for my client. This seemed fair to me as it would help avoid any Megan’s law (SORA at the time) compliance or registration and a criminal/juvenile record. However, every fact pattern is different. You have an entirely different prosecutor and Judge. I am not sure what options are available to your child. Talk with her public defender and gauge how involved they are and how interested they are in defending your daughter. If you are not comfortable, you can always hire a private attorney.