Category Archives: General FAQ

Are late fees on top of late fees legal?

Q: Is it legal to keep charging late fees on top of late fees when everything else has been paid in full? I was charged a late fee and did not pay it. Now I am being charged a late fee each month for not paying the original late fee. Otherwise my account is paid in full.

A: It depends. What type of debt is this? If it is a credit card, PA collection laws may apply. If this debt is for unpaid real estate taxes or municipal services, there may be other consumer protection laws that apply, but generally, the laws are against the taxpayer regarding taxes. Does your original agreement for services, permit late fees? Does it allow unpaid late fees to accrue and continually charge interest? Generally, even if valid, late fees and interest can be negotiated downward. You can try this on your own, but if not successful, I advise you to see a lawyer as he or she can look at your original contract or agreement and advise if what is being done is permissible and, if any debt collection protection law applies to you.

Employer says they will deny my worker’s compensation claim for MRSA.

Q: I work in healthcare ambulance transport company and developed MRSA.I was at work one day I must of had a patient that had this MRSA I transported him or her and developed MRSA I had filled out an injury report to my supervisor, they told me I would be deny workman’s compensation what can I do ?

A: Don’t accept the answer from your employer as true. They don’t want to pay money and have no concern about your health. You may or may not have a claim, but I suggest you to contact a worker’s compensation lawyer immediately. Preserve any evidence you can from your job before letting your intentions known to your employer, i.e., copies of trip sheets, logs, etc. (do not go as far as taking company property). Also, while the events are still fresh in your mind write down everything that happened, including dates and times of conversations about this with your employer.

INSURANCE COMPANY IS NOT PAYING MY BILLS

Q: Signed a compromise and release with insurance company, Doctor bills still not payed from them, going to collection in 10 days. This was all agreed upon at court and Insurance Company is to pay for my Surgery also, with recovery. What are my options at this point? Surgery is already scheduled in 3 weeks.

A:  If you did not have a lawyer draft this settlement agreement with the insurance company, you need to review it carefully to see if what you signed obligates the insurance company to pay your continuing treatment. If you are not sure, take it to a lawyer for review. If the lawyer agrees with your assessment, he or she can threaten litigation and if necessary, file a breach of contract, or possible a bad faith claim against the insurance company. If the contract is clear, the insurance company could be dragging their feet and hoping you go away.

Is a bill of sale legal for piece of land and how do I get the deed?

Q: The owner sold me part of his land and now he said he can’t split.

A: No one can answer that question on the limited information you have given. I would need to know much, much more. A real estate attorney should review the sales agreement, the deed, the map and so forth. It may be that the seller had good intentions but now he realized he needs to subdivide his lot to sell you a portion. The subdivision of property requires much work and usually involves getting zoning approval from the municipality. It concerns me that you think you were sold a piece of land but do not mention that your name is on the deed. It sounds like neither of you has an attorney and you need the advice.

How can we unload a piece of real estate?

Q: We have a piece of property that is zoned commercial/residential. We’ve tried to sell it but were not successful. We are not in the financial position to keep paying taxes on a piece of land that we don’t need. If we can’t sell it what can we do to unload it? It’s in White Oak, Pa.

A: I am assuming there is no mortgage involved. You can try harder to sell it. Put a sign on it that says “best offer” You can just stop paying taxes but need to confirm that the taxing entities will not come back at you for a deficiency. You should consult with a lawyer. If you cannot afford one, call the borough manager or tax collector and see if they will work something out with you. Perhaps the borough will accept a deed from you. Beware of not paying taxes and municipal services. Non-payment can result in interest, penalties and lawyer fees accruing which can turn into a big ugly bill and you being sued by the taxing entities.

Parking garage lost my keys. Can I file suit?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid. They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars. It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.

Executor took six months to vacate apartment. Do we have a claim?

Q: Tenant died while living in my house. After 40 days, his son was appointed Executor of estate. The court told us they had a reasonable amount of time to get his belongs out of house. Should I be reimbursed for the 6 months (rent) it took to get my house back? Nothing was in writing.

A: Damages are normally spelled out in the rental agreement. Under common law in PA, if there is no written lease, each party needs to give 30 days’ notice, as it is a month to month lease. Although you have no written lease, taking 6 months to vacate an apartment seems excessive. You may have a claim if you notified the son/Executor to vacate and his taking so long was no fault of your own. Since there is an estate opened, you can file a written claim with the estate for your damages, which is much easier than filing a civil complaint. I would review all of the facts with a lawyer.

CAN I SUE FOR UNFINISHED WORK ON CONTRACT?

Q: I have an incomplete contract from a client, can I sue for the monetary value of the rest of the terms? I had a contract with a client for 18 months, but only completed seven months of it because he could “no longer afford to” pay on it. Is this an acceptable reason for him to discontinue said contract, or can I sue for the value of the 11 months unpaid and unworked?

A: It depends on the language in the contract. A good contract would have spelled out damages if there is a breach. If the contract does not spell what constitutes breach and does not address damages, you possibly may be able to recover under other theories of contract law, such as quantum meruit . This ancient contract doctrine is based on the work you actually performed that you were not paid for or costs that you advanced for which you were not reimbursed for months 8 through 18. You really need to let a lawyer look at the contract and hear all of the facts to assess whether you have grounds to sue, and whether it would be worth suing this particular defendant.

Is an attorney contingency fee fair?

Q. My lawyer wants 40% for attorney fee plus litigation costs. This worries me as to what % this might cost in the end. My wife fell in parking lot of a Kings restaurant and this resulted in a concussion. I’m worried that we may end up with a small % of the final settlement if the litigation costs are too high. Is this a normal agreement or is it too high

A. In this part of the state, normal fee agreements give 33.3% to the attorney if the case settles and 40% if it goes to trial. The norm is for the attorney to be reimbursed for his costs-expert fees, filing fees, fees charged for records, out of the settlement proceeds. So yes, the attorney would take his moneys and fees that he advanced for the case first. Then, from the balance of the remaining proceeds, he or she would take the above percentage. Normally, attorneys do not take contingency cases that will be unprofitable. Some attorneys will reduce their share if the case settles easily and for a lower dollar amount. I have lowered my fee on occasion with small settlements for which I didn’t spend a great deal of time or money and the person is in need. You can always ask.

Can my 17 year old child drop out of school?

Q: When my 17 year old decides to drop out of school what legal action would be taken against us?My 17 yr old is insistent on leaving high school, due to severe health reasons preventing her from dealing with the stress of school, with plans in preparation for GED. We have been through everything discussion wise including the repercussions of only a GED or no diploma, having an IEP/504 in place, etc. But at her age she feels this is what she is entitled to choose to do. Since from what I can see she is old enough in the state of PA to do this I’m wondering if we will still be fined/taken to court for her truancy up to and including when this might happen?

A: In Pennsylvania, “Compulsory school age” refers to the period of a child’s life from the time the child enters school as a beginner which may be no later than at the age of 8 years, until the age of 17 or graduation from a high school, whichever occurs first.” 22 P.S. § 11.13. It is my understanding that a 17 year old child can sign themselves out of school.