Category Archives: CIVIL LAW

Is there a centralized on-line data base to check civil judgments?

Q: Is there an online database for civil credit card debt judgments?Mail has been received from a collection company stating that I owe on a credit card that was charged off. I searched the court reference website and cannot find any record of a civil judgment against me. There is one note that records prior to 1994 are available but this would have made me 16 at the oldest. Can I find the judgment information in any other source online?

A: To check judgments against you in Allegheny County, visit the Department of Records in the City-County Building in downtown Pittsburgh, or, look on line on Allegheny County DCR. This takes care of Allegheny County. If there are judgments against you in other states and counties, there is no centralized data base that I know of. For that you may want to obtain a credit report.

Is there any action I can take to keep from paying to repair a leaking roof?

Q: I noticed that the contract was not followed. I had a roof installed in August of 2011. Yesterday I noticed that there was water leaking into one of my upstairs bedrooms. I cut a hole into my attic wall and found where I think the leak is coming from but noticed that there is a large area where there is no underlayment. In my proposal it clearly states that there will be new underlayment installed. is there anything that I can do to keep from paying out of pocket for this?

A: Review your contract to double check if underlayment was to be used. That would definitely be a breach of contract if underlayment was contracted to be used and was in fact not used. Have another contractor inspect the work. You will need him to verify that underlayment was not used per the contract, and him to give you a report stating what he found and what he needs to do to remedy the situation, even if it means a new roof. Have him take photos. I would then notify the prior contractor of your leak, both by telephone and in writing. Proof of notice is essential if you potentially have to sue him. If he will not remedy the situation to your satisfaction, you may need to file a law suit. Make sure to preserve all documents and information from the prior contractor and for what is currently going on.

How does pleading not guilty by mental illness or defect work?

Q: If my boyfriend was having a schizophrenic episode and did cocaine because he currently thought he was the president and was around a really bad influence. We were able to get him help but he was on probation and missed his scheduled group meeting They urine sampled him now he isn’t sure if he did cocaine or not but he does take Adderall which in the urine test would come up the same as cocaine. I’m having it analyzed to see if its cocaine or Adderall now if it is cocaine. He didn’t really understand what he was doing. Is pleading not guilty by reasons of mental disease or defect a possibility?  (South Park, PA)

A: If your boyfriend had a big tumor on his neck, would you try to diagnose it yourself and perhaps look up information on WebMD and then operate on him in your kitchen? If your friend has such serious mental health issues and is being prosecuted, he needs way more help than you can offer. He needs an experienced criminal defense attorney and he needs to be treating with a mental health professional. PA defines terms such as mental illness and guilty but mentally ill in Rule 314. PA follows the McNaughton Rule which basically means that your friend must be laboring under such delusion that he doesn’t understand what he is doing or the results of his actions. An insanity defense is generally a very difficult standard to reach or prove from the defense. However, his mental illness at a minimum may be mitigating factors to use in attempting to circumvent prosecution or obtain a diversionary program. Again, get him to a lawyer and if he cannot afford one, sign up for the Public Defender.

 

WILL CONVICTION PREVENT ME FROM AN INSURANCE LICENSE?

Q: I was convicted of a felony “carrying a firearm without a license” and want to become a licensed insurance agent. Will I be able to take the exam and receive my license? I seen there is FBI and criminal background clearances.

A: Call the state licensing bureau for insurance agents, immediately (or the PA Insurance Commission) and ask what type of crimes disqualify you from insurance licensing. You can probably google that question for a start. If you were actually convicted of the crime you reference, you most certainly have a criminal history. Whether that type of crime excludes you from insurance licensing is entirely up to the organization who issues insurance licenses.

I obtained a judgment in court, when do I get paid?

Q: I won a judgement in local court but the defendant has not paid. What can I do next to recieve payment? (Pittsburgh, PA)

A: In Pennsylvania, you can ask the magistrate’s office for forms to complete, so you can “execute” the judgment on the defendant’s property. The constable will then proceed to the defendant’s home and levy his or her property for sale. The defendant will then have to file objections to the levy for property that happens to be exempt from a judgment. This will cost you money and time. I would review it with a lawyer first to determine if this person has personal or real property that will make going through all of your effort worthwhile.

Contractor did a terrible roofing job, no contract, but he filed a Mechanic’s Lien.

Q: I was in negotiation with a roofer to replace my roof. We never signed a contract as we never finalized the color of shingles, start time, price etc. He shows up at my house on Dec. 23 while I am away and rips off roof and finishes on Dec. 24th. The shingles are the wrong color, nails are sticking up, the ridge is not cut despite the installation of a ridge vent, there is no water/ice shield, and there is no dead row applied. I told them I wasn’t paying because it cannot be repaired, especially the color. I signed an estimate when he was working with my insurance company but it says it is void if there is no coverage. That was signed in Sept. He has now filed a mechanics lien. How do I fight this? How can I go after him since I didn’t pay anything, but now may incur expenses?

A: Filing a lien is one of the steps a contractor seeking payment for services may take. It must be followed by a lawsuit. Automatic dissolution of the lien occurs if suit to enforce the lien is not brought within two (2) years. If suit is brought it appears you may have a counterclaim under the Home Improvement Consumer Protection Act, which provides certain things roofers must do, including having a written contract for the work performed. Further, the Mechanics Lien Law requires Notice to you prior to the filing of the lien. If the contractor did not follow the correct procedures the lien can be dissolved. From the facts provided, it appears you have stronger potential claims against the roofing contractor than the claim against you for payment. The Home Improvement Consumer Protection Act provides the court with discretion to award consumers with three times their damages and attorney fees. If the Mechanic’s Lien has any of the above procedural flaws, an attorney may be able to file a motion to remove it.

Can I sue for sneakers I left in the Laundromat for 20 minutes being stolen?

Q: Stepped out from laundromat for about 20 mins and my sneakers were stolen from the dryer.There were about 8 pairs. 3 were left, 5 taken. Asked owner to view the camera, to see who took it. He refused. Is there anything at all that I can do to fight this. It’s not so much that the items were taken, but that the owners don’t care enough to simply view the tape/recording. It was mid-morning around 10am. So many dryers, over 30 were available, so there was NO DEMAND for anyone to remove my items, but they did. I filed a police report nevertheless, but is there anything more that I can do? Thanks

A: You filed the police report which is good. I think you should document everything by making a written request to view the tape and repayment for your loss. Then, if no response and if you want to put time and money into this case, you may think about suing them at the local District Justice. I am not sure the Laundromat has an obligation under bailment law or under an implied contract theory as they didn’t take possession of your property. Is there a sign in the premises that says “we are not responsible for the loss of unguarded belongings”? You could be viewed as contributing to the situation by leaving your property in an almost public setting for 20 minutes. Plus, what is the value of used sneakers? I am not sure if your damages will be weighed in the amount equal to brand new shoes. If you write the letter, it may put pressure on them to turn it in to insurance, if that is possible. I am not sure a civil claim will go your way and would have to research bailments, implied contracts, etc. before advising you properly

Pittsburgh taxi driver fraudulently signed my name on a charge

Q: I took a taxi from the Pittsburgh airport to my house, which ended up being an hour long ride. As a frequent traveler for work, I knew that landing at 4:30 p.m. meant I’d be sitting in traffic. I ended up taking a Veterans Taxi. The driver recklessly weaved in and out of lanes – going into the emergency lane even to pass cars. When we got to my house, I went to pay with my credit card on the machine in the van. The driver took my card and I thought maybe the machine is broken and that he’d run the card in the front. He didn’t offer any explanation. I should have questioned it, but didn’t think much. I asked for a receipt, which was printed from the car. The driver wrote in the tip by hand on the receipt, which seemed sketchy. I found later that day that the receipt amount didn’t match what I was charged since I noticed the square receipt in my email. I also noticed a scribble in the signature line. I contacted the taxi company and the taxi upset that there not only was a discrepancy but the driver signed my signature. There is apparently video surveillance in the van but the manager/owner has now taken the driver’s side without even pulling this footage. What can I do? This is fraud.

A:  The beauty of using credit cards is that most have a dispute resolution process whereby you just report to them in writing of a disputed charge and they hold payment and investigate it. So, report this either via phone or on your credit card company website and fill out and submit the necessary forms. If you want to go even further, you can contact the county police (I believe they have jurisdiction over the airport) or your local police in the town where the taxi ride ended (may have jurisdiction as well as that is where the transaction was signed) and see if they are interested in filing a theft, access device or forgery charges. My thought is that your credit card company will work it out with the cab company.

 

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

Can I sue a waitress for slander?

Q: Can I sue a company if their employee slandered me? A waitress told her boyfriend that I groped her while she was working. The police got involved and I was charged with harassment, but the charges were dropped because the surveillance video clearly showed I didn’t do it. Can I sue her and the company she works at for slander?

A: Anybody can sue anybody. The issues is whether or not you are capable of getting a judgment and collecting money for your efforts. An attorney does not want to be involved if there is no prospect of getting money. Unless of course, your motive to do this as a cause or to teach her a lesson. In that case, if the attorney feels that collecting from a waitress may not be a good prospect, you may have to pay the attorney an hourly fee and all costs. If she has property you can lien once a judgment is entered, it may be worth it. As far as suing the company she works for, I do not believe they are liable unless they were somehow involved in perpetuating the untruth. Unless this waitress is financially worth going after, you will have a difficult time generating the interest of lawyers in such as suit. Nonetheless, you may want speak with a personal injury attorney.