Tag Archives: CIVIL LAW

Where can I get a sample copy of a complaint?

Q: I filed a notice of appeal because I was not happy with the decision of lower court. I need to file a complaint. I am suing a contractor for shoddy work. Where can I get a good copy of a civil complaint against a contractor? (Pittsburgh, PA)

A: Just google “form civil complaint against contractor” and you will probably find one. There are also form provider services on the internet which will charge a fee for such form complaints. You can go to the Allegheny County Law Library on Grant Street and look up Civil Actions in such reference books as PA Standard Practice. The librarian can assist you. You can also go to the Department of Court Records and look at the civil dockets to see if you come across suits involving various Pittsburgh contractors and service providers. You can also hire an attorney which you probably should have done in the first place.

Who gets the insurance check?

Q: If a house is owned by several family members and it was damaged, can one family member cash the Insurance check issued for repairs? Brothers and sisters own a house that one sister lived in. It was damaged during a Hurricane. Now the one sister left with the insurance check and won’t return our calls.

A: More information is needed. Who owns the policy? Who is the listed payee or beneficiary? If she pays the premiums and is on the policy as the owner or beneficiary, the insurance company may have no liability if they pay her. You may go after her if she was paid and did not use the proceeds to repair the property. If it is clear-cut case that the proceeds were payable to all owners for the purpose of home repair, she may have committed the crime of Theft. I would get more details from the insurance company, contact a lawyer and possibly the police if certain facts exist.

Can a warrant be issued for my arrest if I no-show for Civil Court?

Q: I rented a skid loader and took it back and company. They said that I messed up the tires and ignition, but the skid loader started and went off the lowboy when they started it. When I took it off the little-boy the tires were still brand new. I’m being charged for it and they’re charging me a whole month’s rental. (White Oak, PA)

A: Not if it is a civil case. An arrest warrant can only be issued for non-appearance at a criminal case. There are exceptions to this such as if you were under subpoena and failed to appear and the judge issued a bench warrant. Also, under certain Family Court rules, you can be jailed when found in contempt. You need to defend this. If you missed the court date, make sure you contact an attorney and file an appeal in thirty-days.

Deposition after the judgement?

Q: Judgement is already made and reported. It is not from the courts to appear at a deposition of execution for a credit card. Do I have to appear? I am disabled and on a fixed income with SSI and Veterans pension only. is there a way to put my information in the courts so I am judgement proof? The lawyers made this look like it came from the courts. I always thought that a deposition had to be before a judgement was made not after. (Pittsburgh, PA) A: After a judgment is taken, there are Civil Procedure rules that allow the Plaintiff to conduct discovery to determine if assets exist and where they are located. This is done, so the assets can be executed on, or seized. A deposition is one form of discovery, as are written interrogatories. A Notice of Deposition can be sent from an attorney’s office and does not need to be court ordered. If you don’t go to the deposition, the Plaintiff can get a court order requiring your attendance and may ask for counsel fees for doing so. Apparently, you did not have a lawyer to fight this judgment or you may not be in this situation. I advise consulting with one to see if you have options.

A: After a judgment is taken, there are Civil Procedure rules that allow the Plaintiff to conduct discovery to determine if assets exist and where they are located. This is done, so the assets can be executed on, or seized. A deposition is one form of discovery, as are written interrogatories. A Notice of Deposition can be sent from an attorney’s office and does not need to be court ordered. If you don’t go to the deposition, the Plaintiff can get a court order requiring your attendance and may ask for counsel fees for doing so. Apparently, you did not have a lawyer to fight this judgment or you may not be in this situation. I advise consulting with one to see if you have options.

I have a civil hearing tomorrow at the local magistrates

Q: Can I go to jail because I cannot take off work to go to a civil hearing at a magistrate? I’m being taken to court by a creditor (credit card company)? (White Oak, PA)

A: The short answer is no. Generally, civil court has no jurisdiction to incarcerate people. Only in rare circumstances such as when a person is found in contempt or in family court matters involving failure to pay child support. What will happen is that since you do not appear, and have made no effort to continue the case, a hearing will go forward without you and you will be found guilty in absentia. The creditor will ask for and receive the judgment, any interest owed, plus costs and lawyers fee. You might want to call the creditor and the judge and ask for a continuance.

I received aid of execution from a Capital One card from years ago.

Q: They already have a judgement. I own nothing. I do have a bank account in me and my husband name. Car is in both names. I do not own it make payments. I have no savings account and our income tax return is in both names. Can they garnish my wages in PA or take my tax return refund? (Pittsburgh, PA)

A: As long as everything you own in in both names, you are shielded by the husband and wife entireties doctrine.

Can I get in trouble for not giving presents back?

Q: My friend got me a few pieces of clothing and an Apple Watch for Christmas this past year. We’re are not friends anymore and he wants everything back and says that if I don’t he’ll press charges against me. Can I get in trouble? (Rostraver, PA)

A: They sound like gifts. Gifts are gifts and are different from loans. Gifts are unconditional. If there was no condition attached to the gifts, they are yours. The fact that the Apple watch was given at Christmas sounds like a gift. Unless he has use for your clothes or can return them, the clothes sound like a gift. I don’t know what the other person’s story is, but as you describe it, they sound like gifts. Nonetheless, if he can convince a police officer that these were stolen, or on loan, you could be charged, but I don’t see it happening. If you are contacted by police, do not make a statement and call an attorney.

Can you change a contract after one party signs?

Q: I went into a vehicle purchase agreement with someone. After I signed the contract, the buyer wrote something in blue ink after one of the terms and then signed it. I did not agree to the new term. Am I bound to the original terms or is the new term binding? (Pittsburgh, PA)

A: One party cannot unilaterally amend or add new terms to a contract after both parties sign it. It is considered a counter offer, which must be accepted or rejected by the receiving party. If you did not agree to this amendment of the contract either verbally, or by signing or placing your initials near the amended or added term, you did not consent. I would reject the term in writing and make sure the document is given to the other party and you keep a copy for your records. Some people in this situation would write next to the term, “this additional term dated _____ is rejected”, and date and sign or place their initials next to it the added term.

Can I file a civil suit for denial of police report?

Q: The Police took a dog out of my home and are refusing to give me a report concerning the seizure of my animal. Can I sue them? (Turtle Creek, PA)

A: No, you cannot. There are privacy rules in PA regarding the dissemination of police reports, and the laws are strict. If this dog was removed from your home by Animal Control due to abuse or neglect, you will be receiving papers in the mail. When you do I suggest taking them to an attorney.

I bumped car his at 3 mph with no insurance.

Q: I was at red light. The light changed, and I drifted into car in front of me who started moving and then stopped. There was no visible damage to his car and none to mine at all. called. The police who said to stay in car until they got there because he was so mean to me. Now he is calling me to find out how I want to handle THE DAMAGE to his car. He had mentioned he was in a prior accident two months ago and lady hit him and gave him wrong info and “he isn’t going to get taken again”. I only drifted into him. I am totally afraid of him. I did not have the insurance at 12:00pm. I just went home and paid the premium. I forgot to pay it. If he was in accident before. There was no police report even written and the police had to get his information for me. (McKeesport, PA)

A: You need to verify that you had or did not have motor vehicle insurance. Just because you missed a payment or two does not mean they terminated your coverage. Call to be sure. If you are insured, report the accident and give them the information. They will handle it. If you are certain you did not have insurance at the time, you need to get ready for his potential claim. Gather your evidence. Make a written log of events, get the police report, log or accident report. If possible without trespassing or creating a disturbance, photograph the back end of his car. If he sues and you are not insured, do not ignore the papers that come in the mail. Take them to a lawyer and see if one can defend you at a reasonable cost.