Tag Archives: CIVIL LAW

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.

Can they issue an arrest warrant?

Q: I just received a phone call from a woman who stated she worked for a law firm handling a payday loan case from Plain Green Loans. The loan was “supposedly” given to me on Nov 2, 2011. She said I owed $993. I have not received any physical verification of this loan nor do I have any knowledge of this. She threatened me with an arrest warrant? I’ve had people call and threaten me like this before for companies I’ve never heard of and nothing has happened. Should I be worried?

A: Only a court can issue an arrest warrant and it is served by a constable, deputy sheriff or police officer. It sounds like creditor harassment. If you have nothing to do with this, and you believe this is a case of mistaken identity, as a first option, you may want to file a police report or call the consumer protection division of the Office of the Attorney General of Pennsylvania. Once you do that you should talk to a civil lawyer who deals in creditor harassment. If you may owe this debt, as a short term fix you may just want to change your phone number.

Do I have recourse against a collection agency?

Q: I have a collection agency calling my friends and family disclosing my name and social security on their answering machines. Do I have any recourse?

A:  You may have a case. You may also want to call the consumer protection division of the Pennsylvania Attorney General. They may be able to help or give you guidance. I would preserve the evidence if you can, i.e., voicemails, dates and times of calls. You may also want to call a consumer rights attorney.

How do I sue an ex-friend for money owed to him?

Q: What type of lawyer do I need to sue an ex-friend for money loaned to him? I loaned a significant amount of money, through a verbal agreement, to a friend, who is no longer a friend. He is paying me back but is doing so now on his terms, not the agreed upon monthly payment. I want to sue him, file a property lien, and potentially try for wage garnishment. I don’t know what legal specialty this situation would be considered. Is it collections or dispute?

A: If the economics of the claim warrant investing in an attorney, you will be much better off with counsel. If it is a few hundred dollars, file at the local District Justice on your own. Since you state it is a significant amount of money, you would be better off with an attorney to ensure you get a judgment and it is enforceable and if so enforced correctly. Many people obtain judgments against others, but cannot enforce them. At a minimum you need to consult with a civil attorney to see if it is worth proceeding, and if so, exactly how.

 

Have I committed elder abuse? He is 77 and spent $ 70,000 on me

Q: He is caring for me as he wants to marry me. I agree to marry him if he pays for my law school. He has been paying all old bills and new bills, taking me shopping. Deposit directly into my bank account about $25,000.00. However, I have become concern that I can’t marry him even if he did pay for my law school. Every time he meets with his attorney she says I am committing elderly abuse of the large sums of money I keep extracting from him. He offers he runs to the bank in deposits I have not promised him sex nor love nor have I said I love him It was simple he wants to marry me. I want to be taken care of and obtain my education. But if I am accused of elderly abuse now what is going to happen when I do marry him and I am never home and he becomes ill or I am 55 and he is like 90?

A: If you are contemplating a legal career, this is not the way to learn elder law.  77 years is not that old, but some people do have an early onset of dementia. Even if he has no clinical diagnosis and is clearly competent, if he is paying out all of this money with hope that you will marry him, and you seriously doubt if you will fulfill his hope, then you are taking advantage of him. You need to tell him that you will not marry him. The worst he can do is stop paying your way. It will be tough, but if you have a conscience, you will feel better. As a word of caution, if his lawyer has the opinion that your actions constitute elder abuse, there may be a basis for such allegation, which should give you all the more reason to stop. With your interest in the law, you may want to look up PA’s specific crimes for exploitation and fraud upon the elderly.

 

Can we sue my boyfriend for not paying my mother?

Q: Theft by deception in Pennsylvania? My mother purchased a vehicle for the man I’ve been with since 2009, the same year of purchase. He is under verbal agreement to pay her over $20, 000 for it and hasn’t paid a dime yet. During this time I asked about the money then he physically mentally and emotionally verbally abused me when I mention the money owed. I need to know what to do to get her paid. He makes plenty if money to have paid her. She was very ill a few years ago he was waiting for her not to survive so he could get out of paying but she did. I’m not getting any answers from anyone else. Can you help?

A: Theft by Deception is a crime. I think you will have difficulty having the police or District Attorney file criminal charges with these facts. You may be able to sue him civilly, even though this is a verbal promise to pay and not a written contract. You need to decide whether you want him out of your life as this will make the lawsuit easier to carry out. For a civil suit, you could have a one or a four year statute of limitations, depending on the facts, but most likely a four year statute of limitation. So, time is of the essence if it is not too late for a suit at this point. I advise you to speak with a lawyer. Although it is a verbal contract, recovery of $20,000.00 should be pursued.

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.

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.

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.

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.