Legal Questions & Answers

Question:

Can an automobile dealership change my lease contract a week later without me signing the new contract and they signed it?

I leased a 2023 nissan frontier from automible dealership change my lease contract a week later without me signing the new contract and they signed is that legal.

I have both contracts one signed by me one signed by them.

Christopher's Answer:

Absolutory not. The lease agreement you had when you drove the Nissan off the lot is controlling absent something like a bona fide error on their part. The mistake most people make is that they get lured in to returning to the dealership and "forced"/ pressured into signing. This is a form of bait and switch and is illegal.

I have blogs on this which you can access thru a link on my web site...

https://www.carrbankruptcylaw.com/resources-links

Question:

I am beneficiary of an irrevocable trust that co-owns a piece of property with another individual who also acts as trustee of such trust. That individual filed for chapter 11 bankruptcy after failing to keep up with property taxes and mortgage. I am not mentioned anywhere on the bankruptcy documents but the trustee is claiming the full value of the property as the asset. He’s included the property taxes and mortgage debt but also personal attorneys fees who he says mutually benefited me but did not represent me or my trust, medical bills, IRS claims. 

I agreed to a property sale but not I’m being told by his bankruptcy attorney that all of those claims will be paid before I see any of the net proceeds because of the final bankruptcy court order. I never agreed to this or even a bankruptcy to begin with even though the trustee says it was to save the property from a sheriff sale. Regardless, do I really have to pay for attorneys that didn’t represent me, medical bills, and IRS debts all incurred only by the trustee?

Christopher's Answer:

I am not a chapter 11 guru but to me it would seem that you are within your rights to file a Motion for Relief from the automatic stay in bankruptcy on behalf of the trust as an interested party. If granted, this will end run the bankruptcy stay and allow you to proceed directly against the Trustee. In the Bankruptcy Court you would also be proceeding to get those exemptions and expenses disallowed. You can also sue in common pleas court for (issue spotting) waste of trust assets, breach of fiduciary duty to the trust and for your share of the sale of the trust, for partition and perhaps for fraud. You also want to get yourself on the list for notices.

This is very complex however and I advise you to seek competent bankruptcy counsel in Pittsburgh. I might be able to provide a referral if you are interested. It would help if this person knows trust law and litigates in the state courts.

Question:

If I finance furniture, then file for chapter 7 the next week, will it still be removed if I add it to the list of creditors?

I’m going thru really rough times, just moved, and I am starting all over.

Christopher's Answer:

Well it depends. Luxury items purchased shortly before a Chapter 7 bankruptcy are not discharged. However , even so, if the lender has filed a UCC1 security interest in the furniture, the entire amount is secured debt and must be paid in full. Ask about this before making the purchase because there may be another way. If you use a credit card to pay in full for it instead, no security interest will arise and you may be able to discharge the trade credit. But one caveat. If the sole reason for declaring bankruptcy is to buy the property is to get something for nothing, this may be seen as a fraud on your creditors and be disallowed.

I would have to know more about this situation in order to advise you properly.

Question: 

Mechanic is giving me til Easter weekend to pay off my bill or he is scrapping my truck to make room just cause family is coming. Haven’t been able to afford to pay it off due to being the only one working and getting screwed over by former roommate.

Christopher's Answer:

The shop has the right to scrap your vehicle for non payment for 2 reasons:

1. Under PA law, the shop has a mechanics lien in the vehicle for any work done or storage fees. It could be sold or in this case scrapped, after any prescribed notice to the owner.

and

2. because of the law dealing with abandoned vehicles:

An unauthorized vehicle that has been left unattended and on private property includes a vehicle towed to a salvor's property that has remained on the salvor's property for a period of 20 days.

(2) After the 20-day period, the salvor may file a report as provided under subsection (a). If the salvor elects to file a report, the salvor shall retain and process the vehicle for which the report has been filed.

I would get the vehicle from the shop ASAP if you want to keep it.

Question:

I live in berks Pa, my husband was served with a court case against myself by a debt collector

The sheriff served my husband what looked like court documents but had no date or docket number in other words they had not filed the case in the courts until they served my husband the documents served by the sheriffs dept, I was out of state at the time.

Christopher's Answer:

It is good that you are posing this question rather than just ignoring the service as many do to their detriment. This probably is the initiation of a lawsuit by "writ of summons". It is a legit procedure in PA, although unique to our process here in the Commonwealth, which allows the plaintiff creditor to obtain good service and to toll the statute of limitations. The prothonotary in Berks may not actually assign a case number until a complaint is filed in the case. Service upon your husband as an adult at your premises would be adequate.

For the moment, there is little to do but you must pay attention and be prepared to respond to the complaint when it arrives. It will have a 20 day window for you to answer.

Question:

I have a lease that ends in August. There is no provision for penalties for breaking a lease and I am relocating. Do I need to give 60 days as mentioned in lease or are there any provisions that allow for only a 30 day notice?

Christopher's Answer:

This is more of a contractual question than lemon law.

If you made a deal for 60 days notice then absent fraud on the part of the dealer which would undermine the agreement from the beginning or some ambiguity that could be construed against the drafter, I see nothing which would allow a shortened notice period. Perhaps others will disagree...sorry.

Question:

Contracted Lowes and their contractor for cabinets. On the contract they changed the design by altering a PowerPoint slide but said nothing. Subcontractor told us of the change first day. After seeing what new design looked like in reality we complained. Sub made suggestions to fix and said contractor agreed. Sub said nine parts were ordered but only two arrived and one was wrong. Lowes closed the job in the mean time, said there was a work order pending, but could not say how many pieces. I contacted the corporate office three times in the last two weeks about getting a list of the parts on order but have yet to hear back from installation support. Lowes took the almost $16000 in supplies and labor up front and therefore is not in any hurry to complete. The sub works alone and I’ve had to help him do some of the lifting and carrying. And there’s limited attention to detail as evidenced by crooked door hardware and putting the dishwasher back uneven. There’s a ninety day time limit on replacement parts and it’s been about seventy since the order, and nobody is telling me whether what l need is on the way. What legal action is likely to get them to give me my parts and finish?

Christopher's Answer:

You can sue either in Common Pleas Court (Chesco or Montco, depending on your locale) or The Municipal District Court in Your local area. MDC is easier and you can do it without a lawyer. $12K max for MDC.

Both Loews and the Sub are "Home Improvement Contractors" per PA law 73 P.S. § 517.1, et seq., and are thus subject to the PA Uniform Unfair Trade Practices and Consumer Protection Laws. 73 P.S. §§201-1 - 201-9.2:

which provides that:

The court may, in its discretion, award up to three times the actual damages

sustained, but not less than one hundred dollars ($100), and may provide

such additional relief as it deems necessary or proper. The court may

award to the plaintiff, in addition to other relief provided in this section,

costs and reasonable attorney fees.

There is also additional information at the PA AG's site.

Lowes may then pay attention and fix this situation voluntarily without your ever having to go to court.

If this is helpful PLEASE check the box and/or give me a 5 star reference in my profile.

Question:

This is an investment property. Refinancing occurred December 2021 and this is when I was given the deed in lieu to sign. Mortgage default occurred May 2022. Lender informed us via email August 2022 that the foreclosure process would began since I refused to sign documents needed in order for lender to successfully record pre-signed deed in lieu (they were having a hard time getting the deed recorded at that time due to issues with it being executed prior to default). The foreclosure process never began (found out in December 2022 when speaking to a member of the lender’s team) and I was informed December 2022 that the original pre-signed deed in lieu was recorded. I’d like to challenge this and perhaps hold the lender to his word to initiate the foreclosure process as was originally stated. Is there any recourse? Was I supposed to be told that lender would no longer move forward with the foreclosure process and that they were able to successfully have the deed in lieu recorded? I only found out these things because I received a notification that the subject property was on the market for sale in December 2022, which prompted me to reach out to lender.

Christopher's Answer:

I don't understand your parenthetical ("they were having a hard time getting the deed recorded at that time due to issues with it being executed prior to default"). A deed is a deed is a deed and if it meets the deed prerequisites and is accompanied by the proper fee and tax form it should be accepted for recording by the title office. That is not to say that when the deed was recorded that act did not give rise to a cause of action for you if done in violation of the escrow agreement or other document by virtue of which it was being held. It might even rise to the level of mortgage fraud on his part which is beyond the scope of this inquiry.

Question:

I am in Pennsylvania.

I have a large amount of unsecured personal debt in credit cards and loans.

All of my assets - cars, house, and bank account are held jointly with my spouse as tenants by entirety.

I have spoken to a lawyer who advised me that in Pennsylvania an unsecured creditor cannot execute a judgment against any marital property held as tenants by entirety when only one spouse is named on the unsecured debt.

Because filing for bankruptcy for me would be a chapter 13, he advised that because I am essentially "judgment proof" the better option is to let creditors sue, if they go that far, as they would not have any avenue to collect on the judgments.

Am I missing something? Aside from harassing phone calls and letters, it seems like I would not have to take any action on these debts as a result of this protection.

Does anyone have thoughts on this vs BK? Obviously I understand that if I were to get divorced or my spouse dies that would change things.

Really just looking for someone who may have more info on being "judgment proof"

Christopher's Answer:

Your lawyer is correct as far as it goes. You are judgment proof as to joint assets to the extent that there aren’t joint obligations of the couple. However not as to individual assets if any. Plus your creditors can still sue and get a judgment against you personally which will impact your credit and employment potential. I generally think of being judgment proof as appropriate for people who have either nothing to protect or who have major assets. It may even impact your ability to purchase or even sell your home in the future. For everyone else bankruptcy is often the better option. Remember too that the marital estate is broken by divorce or death and judgment creditors liens can then assert or reinstate their liens. I have had clients who have been caught by this having been able to purchase a property while a lien was latent only to find that it was later encumbered by it once renewed.

Question:

I bought a car from someone on facebook market. I paid 1200 $ to person selling me a 2002 acura. I paid 351$ for insurance (got refunded) and 250$ for title registration and plate. Two days later I was on my way to work and the car shut off and was off on the freeway, I pulled to side and had to have it towed. After it was towed they said I need a new motor and radiator. I want my money back because they gladly took my money for car and when this happened I reached out to them and only reply to me was it drove great for us three years. Thats it failed to mention the car was needing a new motor and radiator.

Christopher's Answer:

Well, sorry unless you have a warranty or were lied to about the car by the dealership in a material way so as to create a warranty, you are SOL. In fact, used cars in PA have to have that large sticker in the window with one of 2 choices marked, either “as is” or “warranty”. And as is really means as is. Caveat Emptor. However, you may find some relief in the PA Uniform Anti Fraud statute which has a car dealership section. Every dealership makes a warranty that as of the time of sale the vehicle had a good transmission and engine. Your problem here is going to be that the dealership had no knowledge one way or another about this. That is what the salesperson’s statement is all about. It goes to lack of knowledge. You have the burden to show prima facia otherwise.

Question:

Around nine months ago, I purchased a 2014 Mazda three with 138,000 miles on it for $10,000. Also I purchased a $4000 warranty with it that was supposed to cover everything bumper-to-bumper except for standard upkeep tires brakes oil changes after three months of having the car the engine stopped and I had them pick up the car to fix it after a week of having a car and replacing some parts. They called me to tell me something else was wrong, and that the warranty company was going to deny my claim because I didn’t have a sticker in the window for the oil change I told him I change the oil myself, and they said that I could provide receipts. and I said, OK I just need a couple days to get them. They agreed and said OK but after two days, they called me and said that the warranty company sadly denied my claim and I would need to pay for a new engine out-of-pocket since then they’ve had my car which has been almost 6 months now, and I have not done anything to help me or resolve the issue because they say that it’s out of their hands. I’ve been paying on the loan that I took out for the car and also have been paying the premium insurance for the car because of the loan It’s all a scam

Christopher's Answer:

Was the car sold "as Is" or did it have a warranty from the dealership? How many miles did you put on it? You could threaten threaten to do a chapter 13 bankruptcy, turn in the car (have them come and get it) and get out from under the remaining payments. This is not recommended however u7nless there are other financial problems facing you.

Another tack is to grieve under the arbitration policy in the manual if applicable. A reputable dealership would have backed you up and insisted that the warranty be honored. (When I blew out the tranny in my Audi S4 my warranty co. honored the claim buyt made me pay some of it out of pocket.)

Other than that, you might well win a small claims case because you would not even be responsible for changing the oil until the next service interval per the manual and/or because you could use the receipts for the oil to prove that you compiled. There is a lot more to this that is beyond the scope of this response so you need to see a good auto lawyer.

Question:

A car dealership, with high reputation in the state has posted this used car for $24,900 on FB market place and as soon as I saw it I messaged them that I want to buy it ! Because I actually am looking for a car like that since we just learned we are having a baby soon! Thing is the car is actually $59,000 and they replied saying it was a mistake, I managed to take a picture of the listing before they modified it claiming it was a mistake, which I think is just an excuse and they are trying to lure people to either go on their website or just get attention because it'd seem like they have amazing deals when they don't.

Christopher's Answer:

No, probably not: Contrary to what many consumers believe, retailers are not legally obligated to honor a price that's the result of an honest mistake. Federal Trade Commission regulations say advertising must be truthful and not designed to mislead. The FTC spells out all Truth in Advertising rules for businesses on its website. I believe that you would have difficulty proving that this was bait and switch absent some whistle blower or error on the part of the dealership especially given their good reputation. However, if you could find past examples from their ads this might be very useful.

Question:

I was in bankruptcy for 12yrs now I'm getting a letter about a lien on my house about unpaid taxes my taxes was in my bankruptcy so I guess he wasn't paying them please help

Liens often arise because real estate taxes owing to the taxing authority went unpaid for a period of time. This is important and must not be ignored because the taxing entity can sell your home to satisfy the debt in what is called an tax upset sale.

Typically taxes get paid as part of the escrow, which is the responsibility of the mortgage company to assess and collect, not your lawyer. I assume you were paying them yourself, separately, however . I also assume you were in a Ch. 13 bankruptcy and that you were paying your mortgage outside the plan. However, even if you were paying them in the plan, your lawyer would never handle the money directly and in any case was not responsible for paying your taxes.

Question:

My husband and another guy started a small construction company in 2019, signing the formal agreement at the accountant. The business was switched over to an S corporation for personal tax savings in January 2022. It's a 50/50 but husband's said partner doesn't care about the business, has a hidden agenda, contributed practically nothing and told my husband he wanted out numerous times this year. My husband had the share owed to him according to his end date and the addendum paper to sign for ending the partnership drawn up at the accounting office. He gave it to the said partner along with share check. The guy said he'd sign the addendum after he talked to the accountant about it. He also took the check my husband gave him along with it, cashed the check and of course, says my husband owes him more money than that and addendum still isn't signed! Had I been present, I would've made sure that paper was signed, dated and witnessed before he handed anything over to the partner. How do we fix this situation and rid the business of this guy especially without a dissolution now. Thank you in advance.

Christopher's Answer:

There’s a lot more that an attorney would need to know about the situation to advise you competently, There’s not the space nor the time to do so here. However, Your husband is in a classic deadlock situation which we see so sadly in so many business divorces. There are or may be other complications due to the entity having elected S status. Were it 51/49 the situation would be entirely different but here the other shareholder can veto anything hubby tries to do to oust him.

Now there’s such a thing as an involuntary corporate dissolution. This would involve a court action by the dissatisfied shareholder and would be expensive and disruptive especially if the other fights it but it can work. I should think that in such an unequal circumstance the court would be willing to grant it on terms favorable to your husband. Leeches are not favored in law or at equity.

There are other possibly less costly strategic considerations and angles which again I would explore with you were I retained. I will say however that the choice of counsel in such a case is crucial to success and is a matter of not just legal knowledge but also requires business savvy, finesse and creativity!

Question:

A few years ago I got a car loan and ended up not being able to afford payments, so I made a contract with someone online to take over car and payments. He ended up not making payments at all on multiple occasions causing me to make payments on it. So a month ago I got a personal loan to pay off vehicle so that he gets the title, we made another contract together stating that he will make payments to pay me back and in addition make payments towards the loan. He had missed another payment, do I have the right to get the vehicle back? Also this is a matter involving around 30 thousand which includes 10k for how much he owes me and 20k for how much the loan is for car that’s worth 12k at this point. Any advice for how I should proceed? Also how likely would I be that I win? Also do I need to bring in additional items to court like financial bank statements?

Christopher's Answer:

Let me tell you how I would have arranged it. I would have created an installment agreement written whereby he would have to make all payments and insurance costs or you can take car back. I would have noted my lien on his title so he would not be able to sell it.. You would still have the issue of diminished value but that’s the price you pay for doing a non cash deal. You could look at this as the additional cost of the deal, a real loser before you consider that he now owns a car and you are left holding the note. You can sue in replevin for to get the car back and for money damages. The car is a fungible item so you will likely get a worthless money judgment and he will keep the car.

Question:

After my accident with a tractor trailer the body shop did over $14,000 in repairs. The car was worth a little over $20,000 at the time of the accident and the auto body shop said the car was salvageable. Because of this the car could not be totaled and I have been in and out of the body shop three times to get repairs done to driver side door. It is a year later and upon my third attempt to fix the car door the auto body shop tells my insurance adjuster that this is as good as it’s going to get. The door Still leaks water and is not correctly aligned. My insurance adjuster suggests going somewhere else to see if it can be fixed. At this point it is looking like they salvaged a car that could not be salvaged. Is this grounds for a lawsuit and if so how much should I be compensated and by whom should I be compensated? The insurance company, or the auto body shop?

Christopher's Answer:

Well, the insurance company is obligated to repair the car to the same condition as before the accident or pay you the net present value of the car minus the deductible in either case. I don’t think the shop is liable for anything. They hav bent over backwards. You may have a bent frame member in which case you don’t want the vehicle back at all. Insist that the adjuster pay the claim! Whether they can total the vehicle or not is their issue not yours.

Question:

He is in jail do not know where the car is Capitol one is trying to locate it but it's been a year .

Christopher's Answer:

This is a trickier question at first it might appear and there are variables I do not know about. All in all I would not try to find it unless it is a very valuable car which I am presuming for these purposes it is not. It is either in impound or has been stripped down for parts by a chop shop. You are not likely to find it abandoned on some street.

In either case you as a co-borrower are sadly liable for the entire remaining debt, less whatever the car fetches at auction (usually well under blue book) and also for the recovery and other costs, there is nothing anyone can do outside of bankruptcy to relieve you of it.

If there was collision or even comprehensive coverage on the vehicle and the car was lost or stolen some of the loss can be absorbed by the insurance money assuming it was timely reported. If Capital One finds it or you do and you tip them off they will have to pay the storage costs to repo the car. If you find it, you will have to pay this out of pocket to get the car back. If it cannot be found it will have to be assumed that it was lost or stolen for insurance purposes. Even if the You may be entitled to a recovery if you have reported it within one year of the event (usually, policies on limitations) and it occurred during the coverage period but there likely will be no storage costs. Better to leave sleeping dogs lie.

If you have other pressing debt you may want to consider a Bankruptcy and I can help you to assess this if interested send me a return message..

Question:

I bought a used car signed a contract and off with the car 5 days later the dealership calls to redo the contract because my rent was wrong and my girlfriends working hrs were shorter than believed she signed contract also

Christopher's Answer:

Absolutely not. The deal was set in concrete when you drove the car off the lot. This is a form of bait and switch. The dealer will likely try to pressure you into terms that favors the dealership. In fact if this occurs, you may have rights to seek redress under the consumer protection laws of your state.

Question:

I want to dismiss my chapter 13 my lawyer keeps telling me I can not. My situation has changed and I no longer need it

Christopher's Answer:

The easiest way to dismiss a Chapter 13 bankruptcy is to let the Trustee dismiss it. Just stop making plan payments, and the Trustee will take action to dismiss your case in about 3 months. Hope this perspective helps!

Question:

Paid 2500 down with a balance 1200 to be paid within 2 months. He only gave me a receipt and kept the car and still driving it instead of parking it. He has increased the mileage by 10k. After 5 weeks I told him to give my money back. Do I have good grounds to report him to the cops to refund me as he has been playing hard to find?

Christopher's Answer:

Probably not...he is in breach of contract if you have fulfilled the conditions on your side (offered to tender the remaining payment in full) and he refuses delivery, also the understanding was that you were buying a car with x miles and that understanding is not being kept. Others may differ, but the police are going to say that its a civil matter and refuse to get involved. This is the danger of buying a car and not having the seller transfer title to you right then and there (usually at a title transfer agency). Then you would be the legal owner and he would be liable criminally for auto theft if he was driving it without your permission.

Question:

Husband passed away in May and I have been contacted for medical, ambulance and credit card bills all in his name. There is no official estate. Just me and my 4 children. Am I respon

sible for his debt?

Christopher's Answer:

No. Unless you’re a signatory on the card agreement even If you were an authorized user. When you get the calls indicate that he is deceased. Don’t say or agree to anything that suggests you will pay the debt anyway because that may be binding upon you. A favorite trick of collectors is to take advantage of the surviving spouse’s incorrect assumption that she has to pay it.

Question:

Have a series of relatively complex claims involving state county and municipal governments including civil rights violations. Was offered a global settlement by two. Not interested in giving up all the liability claims for a lowball settlement for property damage. What kind of lawyer do I need? Have more than ample evidence. Is the offer of a global settlement an indication of the weakness of their defense? Must the carrier reveal and review all the coverage when asked?

Christopher's Answer:

It is a fundamental evidentiary principle that the defendant in a tort case cannot be asked to reveal the insurance coverage that it has because it is presumably prejudicial. PA rule 411. If the jury knows the existence of coverage it might be more likely to find for the plaintiff because they believe that the insurance company not the defendant will have to foot the bill. Likewise, under PA Rule 408 of evidence, settlement offers may not be introduced to prove the liability of the offeree. Public policy favors settlements that avoid trials. However, skillful litigation counsel may be able to get these facts into evidence ostensibly to prove some other matter.

I am not certain what your concern is, if you have settled with 2 of 3 that would not preclude a suit against the 3rd. However, The fact of settlement with the 2 would in my opinion as a non litigator lack relevance as to the liability of the third as well as prejudicial.

Question:

My ex-husband got the house in our no fault divorce. He was $33,000 behind in mortgage payments by the end of the covid pandemic. The mortgage company has worked with him and tacked the amount he was behind onto the back of the mortgage, resulting in the mortgage loan being $5,000 more than the original loan from purchasing the home. This dropped my credit score by 80 points. Is there anything I can I do to get my name off of this house?

Christopher's Answer:

This is such a common problem for divorcing couples because your creditors are not bound by the terms of the property settlement and are apparently still looking to you for payment as a borrower, even tho the ex-husband is supposed to be solely responsible for the debt. Even if your ex were to agree to remove you from the deed, this would have no effect on the obligations owed to the mortgagee, sorry to say. Of course if you are not on the mortgage, it should not be reported against your credit.

Question:

Durning our chapter 13 my husband was injured as a result he would be getting a settlement .we finished our bankruptcy 8/2021

Christopher's Answer:

Many people thing that just because the money is not yet available they don't have to report it but that's just not how it works. The correct answer is unfortunately that the potential recovery is part of the chapter 13 bankruptcy estate irrespective of the date upon which the actual award occurs because the claim arose within the plan period. Thus, unless you already have a 100% plan or perhaps unused exemptions, your 13 plan needs to be adjusted and more money, perhaps all the money won goes to the creditors.

In one somewhat analogous case, the Fourth Circuit Court of Appeals held that $100,000 inheritance that a married couple received three years into their of their five-year Chapter 13 plan. Carroll v. Logan, No. 13-1024 (4th Cir. October 28, 2013) was a windfall and should be part of the bankruptcy estate. Because the $100,000 was not exempt property, the debtors had to modify their Chapter 13 plan to increase the payments to include the inherited sums.

I would not fool around withy this one as the settlement or award is likely to be picked up by the trustee or an astute creditor from a reporting service. Seek competent local bankruptcy counsel.

Note this rule does not apply with a couple of exceptions in a chapter 7 case.

Question:

What can I do if a debt collector filed a complaint but the certified summons was sent/signed to the wrong address?

Christopher's Answer:

I would say that the creditor lacks proper venue because of the misaddress. Thus the court lacks in person jurisdiction. The ex signing for it does not matter. Its still a bad address. The creditor appears to be attempting to drag you into court unwittingly because of the prior marriage. You still want to timely respond to the action (file the intent to defend form included in the paperwork) and asset the defense at the hearing.

Question:

My husband and I refinanced over a year ago. We were recently contacted by our mortgage broker that we failed the post closing audit and we needed to refinance the loan AGAIN. Which changes our term from 15 years to 30 years and the interest rate is almost double. As well as $7,000 cash to close. I will be the only one listed on the loan this time around. The lender also asked for documentation which I submitted. We were also offered a gift card for our compliance, which I find odd and did not receive.

Our closing kept getting pushed back. My husband ended up leaving his job to start a new a business two weeks before closing. It did not occur to me that it would be an issue. I know ignorance is not an excuse but I would assume they would verify employment before closing and let us know we would not be able to refinance.

If I do not refinance, will the lender rescind or call my loan and demand the full payment? We have a few hundred thousand in equity in our home, will we lose that? I cannot seem to find any clear guidance on this situation. Thank you for your help!

Christopher's Answer:

It sounds like the broker is trying to rip you off so as to get a big commission. The very first thing you should do is to contact the lender/servicer directly and pose these questions to them. I cannot answer your questions without seeing your existing mortgage but bet this can be fixed without the refinancing. cccarresq@aol.com

Question:

I pay a mortgage and car payments, which I would like to continue doing, I just can't keep up with my consumer debts, credit cards, and personal loans. Obviously, this is very poor management of money on my part but would like to have an opportunity to get back to not living paycheck to paycheck.

Christopher's Answer:

In a chapter 13 bankruptcy if eligible you will not lose your car or home and will continue to pay the mortgage and car payment as you do now.

As for your unsecured debt, you will have to pay a portion of that debt back over an extended period of time, according to a payment plan. The actual percentage of the repayment is determined pursuant to tests of income and equity in your assets.

One of the purposes of bankruptcy is to give you a "fresh start" and a part of that in my opinion is by helping you to learn how to manage your money. It does work apparently as statistics show that debtors seldom have to file a second time.

Question:

I have been trying to do some DIY credit repair for myself after falling on hard times. One credit card company did agree to settle with me but would not send the written agreement until after my lump sum was received. I reluctantly agreed & they did eventually send the letter saying my debt was settled. I then contacted another credit card company, agreed via phone on a debt settlement but again, this CC company will only send a written letter once the lump sum is received. I was pretty assertive in my requests but they were ready to let my lump sum offer go when I said I would not agree without a written agreement - they were prepared to let me off the phone ! My questions are:

1. Is this typical? The rep from the negotiations department at the CC company said the call was recorded & it they could get sued if they took my lump sum and did not send the letter & uphold the agreement.

2. I know there are tax implications for debt settlement, but does this debt settlement prevent a future law suit? Can the difference from what was originally owed vs the lump sum..now be sold off to a collection agency who can then come after me with a judgement?

Thank yoU!

Christopher's Answer:

Every company varies but there is a practical aspect and that is that they cannot record your debt as settled until they have received the money. Any letter before that would have to be conditional and meaningless. There is a bookkeeping entry that offsets the gross amount of the debt against the written off portion to close out the debt and there needs to be an offsetting entry of the cash received. If you have had some accounting you can do the credits and debits better than I can.

if it is not in suit there is no court entry is needed but make sure that its s properly reported to the 3 credit bureaus. It takes at least 30 days or till the next reporting cycle so wait a bit and then go into annualcreditreport.com and get your reports for free. I have not ever seen a lender to go back on a settled item and they have promised you a letter, that's good.

If the debt is relatively small, I do not routinely even ask for a settlement letter, relying on this practice.

If they did not send you the evidence and later turned around and sued you, you would assert the defense of payment or settlement and use discovery to obtain recorded info re the transaction. They might also be in violation of statutes like the federal fair debt collection practices act. A sale to a third party would not affect your defenses.

Question:

I rented a storage unit on 8/2/22 and moved out 8/6/22. The rental agreement states all units are by the month and that they do not prorate.

Can i get a refund.

Christopher's Answer:

I don't believe you are entitled to any refund. You signed a contract for a month and the storage company agreed to hold that space for you for that period of time. They even advised you for that reason that partial months of use would not be prorated.

Question:

Long story short, my oil pump belt snapped (it's inside the engine) and due to the fact that oil was not circulating through it for the 3 miles I drove it to my mechanic. It's been regularly maintained and I have the service records. I now not only need a new engine, but also a new turbocharger - to the tune of $3k *after* Ford's financial assistance. I am over my power train warranty by 6k miles, so I suppose I should just be grateful, but upon further investigation, this seems to be a pretty widespread issue with a part that Ford recommends servicing at 150k miles. I am in the process of filing a complaint with the NHTSA, BBB, and was considering doing so with the BBB Autoline too, but want to get some advice as I know that the BBB Autoline uses arbitration & I don't want to cut my nose off to spite my face.

Christopher's Answer:

How old is your vehicle (it could possibly be outside the mfg warrantee and still be covered by the statute) and have you checked to see if there is a class action pending vs. Ford for this defect? You will have received a notice. Class actions are not mandatory and you can waive your rights to participate. Arbitration may be mandatory. Check your warranty or other documents.

Have you considered the impact on your case of driving it to the dealer as vs. having it towed? You should consult with local counsel on this and related questions.

Question:

We want to leave our adopted children our estate, but because they are both young (7&9), we don't know what legal steps to take to do this. Our concern is that their biologic parents would swoop in and try to sell the home / estate and pocket the money. How can we make it so that the kids get to keep the property or any money earned from the sale of the property?

Christopher's Answer:

Prepare wills which leave the house and other assets to the adopted children (specifying them by name) in trust of your financial assets by a trusted individual who cares for them. You can also ask them to apply for guardianship of the person but that has to be approved by the court. Empower the trustee to sell the property and use the proceeds for the benefit of the kids. I suppose you could even specifiy that the natural parents are to have no part in admistering the estate, trusteeship or in guardianship, just to be 100 percent sure.

Question:

From my understanding even when I file a provisional patent application and it's approved for a year, people can still manufacture, advertise, and sell my invention. It would take a utility patent to prevent any of the above. Is this correct, and if so what's the point of the provisional patent?

Christopher's Answer:

Not exactly. If you get the provisional patent and do not apply for the actual patent within a year then there is no infringement but the opposite is true if you do apply timely and OBTAIN THE PATENT and then it relates back to the filing date of the provisional.

A provisional application for patent, which is good for a period of 12 months, allows you to label your invention "patent pending" for the entire provisional period and gives you that time to begin seeking funding or doing market research. Also, "patent pending" puts anyone who might try to copy your invention on notice that you may receive a patent on that invention and that they would then be liable for infringing your patent starting the day you file your provisional application.

The type of patent you then apply for during the 1 year period (utility or design) has no bearing on time of protection. There are lots of nuances here and you need to see a patent expert in your area.

Question:

My co-owner is on the deed for a house in Pittsburgh, Pennsylvania. I too am on the deed but the mortgage is his only. I'm trying to refinance the house and the problem that I'm running into is that it may affect my SSI benefits. The loan officer said that we could do a "payout letter," and I would sign the check for the proceeds of the sale, from the remainder of the new loan to the other owner of the house. If I understand correctly, my name would be on the check, which seems like that is a problem. I contacted Social Security today and they said if my name is on the check I would still have to count a portion, half the check, as income, which would affect my SSI benefits and I would have to pay taxes on half the check amount. Is there a way the bank could simply pay the co-owner directly so it doesn't count as income and a tax obligation for me? I know someone who mentioned that I may be able to put the soon-to-be-former co-owner on the HUD closing document and that it may be possible to get the proceeds from the refinance directly to him. Not sure how true it is but I'm exploring all options; I don't want to disrupt my SSI and taxes since I won't be getting any of the proceeds

Christopher's Answer:

If you are not on the mortgage but your co-owner is then you do not have the power to refinance it but as an owner must approve the refi. Your issue is to record a deed issued in your name only (by quitclaiming the joint interest to you alone), which he has to consent to in exchange for sufficient funds to him to pay off the mortgage in full. I see no money flowing to or through you unless I am missing something here. It is incorrect to say that YOU are refinancing. It is his transaction. You are just consenting to it (buying out his interest with lender funds) in order to get ownership free and clear. This transaction has value in another sense however, as you will be stepping up your basis in the property from 50% of the equity to 100% and you need to discuss the ramifications of this with a tax professional and with the SSA. But again it is not because you are receiving or transfer cash. I believe the lender has this completely wrong but other commenters may differ. I am adding tags so others may see this.

Question:

The pastor”s wife got a loan and paid off the mortgage-and made arrangements to pay the water bill. She gave me a personal check for 3,405.00 the money I loaned the church 15 years ago. Does she owe me the interest.

Christopher's Answer:

If your agreement was oral it probably was invalid because it was an agreement which was not to be performed in one year which have to be in writing under the statute of frauds or maybe because of a doctrine called laches, colloquially, "sitting on your rights" (after 15 years ) or I would argue the passage of the limitations period but even if it passed these test the rate 10% i(per year I assume) interest would have to be proven and it would be the church against you. Unless the Pastor's wife admitted it was owed, you would likely lose because the interest might be considered to be a gift to the church. If so, and if the church was a recognized charity under IRS rules you might have a big tax deduction. With compounding that's a lot of money. I am only issue spotting, Check with your local accountant and attorney.

Question:

We signed the lease for a year and it's suppose to be from November last year to October this year. I just noticed that.

Christopher's Answer:

Ye, unless there’s a clause that allows you to do that its a contract and you will be breaking it early.. usually, however early termination clauses have a provision requiring the payment of a specified fee for the privilege. The one exception is if the property is uninhabitable. This can also negatively impact your credit rating.

Be prepared to lose your security deposit if you do it.

Question:

I bought a used car. Now the dealership wants me to sign the title so they can send it to the bank that gave me my loan. Should I sign the title? I was under the impression that if you sign a title, you are selling that car.

Christopher's Answer:

It is not appropriate to ask you surrender your title by signing it over to the lender who only has the right to record their lien against the title. Sounds like there was a mistake and this did not occur. Check and make sure befoire you sign anything.

Question:

I purchased a 75" Vzio smart TV and the function that they said comes with it such as connect to Alexa decices, aound bars, and uploading apps never came with it. When I spoke with a technician they said they're waiting on the firmware to be created in order to have access to those features. These was no disclaimer or anything that notified me when I purchased the TV. How do I sue the company for that reason?

Christopher's Answer:

You may have a claim under your states UDAP statute, which if it reads like ours in PA prohibits misrepresenting goods as having attributes which they do not have. If so, you may be eligible for statutory trebling of damages of your damages. Check with local counsel.

Question:

I have an old private student loan that was signed and disbursed in the state of Pennsylvania in 2006. After graduation, I made payments on the loan until 2015 when I requested forbearance. I never restarted payments when the forbearance ended a year later. The loan company, however, attempted to debit payment multiple times in 2016 and 2017 but each attempt was reversed. The company has reported it to the three credit bureaus with November 2017 as the date of last payment. I believe the date of last payment should be 2015 when a payment actually cleared. What is the true original delinquency date is related to the statute of limitations and how long they can report the debt on my credit reports? Is the true original delinquency date 1.) the date my last payment cleared in 2015, 2.) the date the forbearance ended in 2016 and I did not restart payment or 3.) the last date in 2017 the company tried to debit from my account but it was reversed?

Christopher's Answer:

#2 is correct: Generally speaking, the statute starts to run on the date that you defaulted which would be the first date upon which you failed to make a non-deferred payment or best as I can tell, the first date upon which you were obligated to make a payment after the forbearance ended. Nov. 2017 is incorrect. The collector is gaming you. That is, conceivably they could try again next week to debit your account and start it all over again.

If you promise to start making payments again that WILL toll the statute. So will a transfer of the loan from FFEL to DOE. The reporting period is 7 years from the date of default. You are somewhere in the 5th year. A stern attorney's letter to the company citing various statutory transgressions will usually fix this.

Question:

I am in a process of a divorce, my husband file for a credit card and a cable tv with my personal info and SS #. How can I block the previous CC and his future CC from using my SS# and my personal information?

Christopher's Answer:

Unfortunately this is very difficult if not impossible to do. There is no way the card companies can check and they are not required to call you to open an account. (This is why the courts and just about everyone else are only allowing the last digits to appear. ) The usual PSA will set it up so you are indemnified against it by your headband ex to be that survives the divorce. Check for that. It's also fraud and forgery if he is signing your name which may be criminally actionable and is civilly as well, fo9r what its worth..

But your best protection is that you are only responsible for the first $50.00 (I believe)for charges on "your" card and only if you don't report it promptly (after you find out.) Also, no matter who is on the cable bill, they will shut him off if he does not pay.

Question:

23thousand loan can't afford payments lot of medical bills to

Christopher's Answer:

This is more of a credit question: generally, folks file bankruptcy to avoid a foreclosure, since the latter is like death on your credit report for 7 years whereas with a chapter 7 you are done in a few months and can start to rebuild your credit even while in bankruptcy. This question also depends on what other debt you have and other factors and deserves a closer scrutiny of the facts by a bankruptcy attorney before a final opinion is rendered. There may be other ways to save your home if desired.

Question:

In PA - does a private seller have a duty to disclose odometer / ECU mileage variances and how strict does PA treat "as-is" sales contracts? If there is a 1 year clock we are close or passed it.

On 2/08/2021 I bought a collectible 2006, 34,000mi car from a private party on the auction site Bringatrailer.com and have had nothing but troubles. It was sold as-is without warranty from a seller in PA to a buyer (me) in CA and then shipped and received by me in CA on 2/28/2021. I've recently learned the Odometer and engine ECU are off by about 300mi which indicates something major happened or either were replaced. It may tank the resale value on this car 50% or more. This was not disclosed. The related repair receipts were omitted from the files provided. My mechanic is not certain it is even the original engine now. and that engine may need to be replaced for $5-10k. I've already suffered $8k in repair costs in 4k miles not including what may be coming. It doesn't look like Federal odometer disclosure law applies to cars that old. The seller certainly knows what happened and was deliberate in hiding this and other repairs.

Christopher's Answer:

Yes a vehicle over 10 years old is exempt from the federal odometer roll back statute. PA is not time limited:

Sec 7132 of Title 75 of the PA statutes provides that (d) Alteration of true mileage statement.--No person shall falsely alter or cause to be falsely altered an acceptable statement of the true mileage of a motor vehicle in an attempt to conceal the true mileage of the motor vehicle. Any alteration of the true mileage of another vehicle shall, as a matter of law, be evidence of intent to defraud under this chapter.

Note that this is a criminal statute as is the federal version and as far as I know does not provide for civil actions to recover damages.

Question:

My husband received a letter to appear in court for an arbitration with a creditor. He received enough funds to settle the account for less than what is owed and the creditor accepted settled payment. The notice we received stated that the plaintiff should let their attorney know that the account has been settled but we can still see online that the case has not been closed. Should we try reaching out to the lawyer ourselves to let them know the account has already been paid or just go to the arbitration and let the judge know the debt has already been settled outside of court.

Christopher's Answer:

My sense is that if you go to arbitration you might have a judgment entered against you which may hurt your credit even if it is later unwound. Settlement is a defense of course but creditors counsel may contest it, knowing nothing about it even though presented with your proof that you paid less than face value.If he is smart he will call his client from the hearing to confirm it. The better way to handle this is to talk to his paralegal. They should call the court to indicate that it is settled and be taken off the docket. You should get paperwork indicating this. Also check your credit to make sure it is properly stated as settled. Wait at least 30 days.

Question:

If I live in a state where wage garnishment is allowed but move to another state where garnishment isn’t allowed, does my wage garnishment stop?

For example: defamation happened in PA, I moved to Fl when the judgement was made so my wages where garnished but then I moved back to PA. Are my wages going to be garnished?

Christopher's Answer:

The answer does not depend on where you live but rather on whether the court has in personem jurisdiction over the employer in the state where you draw your paycheck. If its domiciled in PA then no, with certain exceptions not pertinent here, there is no garnishment.

But if you only moved here and still work for that or any other FL employer, the garnishment order is still effective and the w2age deduction is still legal.

Question:

Private auto sale. Seller took my money! I backed out of sale befor title transfer! I Didn't purchase truck and Seller won't give me my money back!

Christopher's Answer:

You are in a nightmarish position. I advise my clients not to pay until title has been transferred or at that both happen same time at the Title Agency.

You can sue in MD Court (if under $12,000) or in Common Pleas for the funds.

You might also be able to file a criminal complaint for criminal conversion and seek victim restitution, but this is not my area of expertise.

How did you pay? Hopefully not in cash. Some proof that he got the money and how much changed hands will be needed. Otherwise its your word against his.

Question:

I have a wedding business, and I create favors for my clients. I wanted to buy empty travel- sized clear bottles (plain with no writing or labels), fill them with Purell or Germ X, and place a personalized wedding sticker on the front of the bottle. Is this illegal to sell in any way?

Christopher's Answer:

No, you are not infringing anyone’s trademark or copyright rights.

Question:

A breach happened 2 months ago with Lenovo.com. Someone was able to log in and use my credit card to purchase a laptop. I did not experience breaches in other places.

Lenovo confirmed negligence right away when I called to confirm the fraudulent charge. They never canceled the order and the item go to the person who hacked my account. They were able to hack my account and make a purchase without confirming my credit card number, CVV, or shipping address and it was sent to another state. I called Lenovo about 6 times reporting the same story again and again and got no normal or helpful response. I got a guaranteed refund but never the payment.

Lenovo's legal department got in touch with me and apologized and offered a settlement after stating their negligence, both because of the data breach and because of no follow-up after I reported the order as fraud. They have been in touch with me multiple times telling me to just dispute the amount on my credit card so that I get my money back so that I don't have to go to court with them. After I made a request of $5,000 he said he will see what he can do but was only offering $300

Thanks

Christopher's Answer:

I am unaware of any statute or regulation that is going to get you $5,000 on a several hundred dollar fraudulent purchase. Absent that, what is the measure of your damages, it is the amount which you are out of pocket, the amount that will make you whole. They need to put the money back on your card and that's it.

Question:

Unemployed for a while bc of covid and fell behind, unfortunately bankruptcy will probably have to happen but in the meantime is my joint property safe? Really worried about my home which is deeded in 3 peoples names (father in law, mine and my spouse) the judgement is only against me.

Christopher's Answer:

Probably not. The doctrine of tenancy by the entireties should protect the property insofar as it belongs to the 2 of you from your sole debt. Your dad has a joint tenancy in the same property but I do not believe that this will break the entireties and allow the lien to attach...the courts will likely apply the strong policy of the Commonwealth of Pennsylvania in favor of marriage and the protection of marital assets.

Question:

I received a document to disclose my assets. They say it is from some judgement from Capital one bank. The judgement number is 2012-N-25. I believe the debt is old. I would like to know if I have to fill it out or not and what will happen if I don't. They also say I can make arrangements to pay the debt. I would just like to know what my options are.

Pa.R.C.P. 3117(a)

Christopher's Answer:

You’re confusing a threatened law Suit with an adjudicated law suit. Sounds like you’re facing the latter and Cap 1 is seeking to conduct discovery in aid of execution. You are legally required to respond and truthfully answer the questions under penalty of perjury, that is unless the debt is not yours.

There will use the information to seize your identified assets and have them turned over or sold by the Sheriffs to satisfy their lien/their judgment. This is serious stuff and I would advise you to obtain legal advice ASAP. The statute of limitations will not help. That’s just a defense to a complaint on a debt.

Question:

Ok so our house was sold at sheriff sale on the 1st. My dad has done bankruptcies to stop it before to try and get us time. The deed was in both my parents names but they separated and At this time the mortgage was only in my mothers name. She just file bankruptcy and finished hers recently. We had someone in the yard three weeks ago to see was occupied for the bank. They left when they seen we are. I need to know after the 21 days when the deed is supposed to be transferred from the sheriff to the new owner what happens after that? do we get a 30 day notice? is there anything we can do to buy more time to find a new place. I am in the process of trying to file bankruptcy and restart my credit. Again we have received nothing. Anyone who can help give me information on this please let me know what I can do.

Christopher's Answer:

As of the sale date and specifically as of the date of the deed transfer, yes, unfortunately, your residence will have a new owner but that is not the end of the story. If you insist on staying on after you receive a notice to vacate, there is a second procedure which must be brought by the new owner to get your mother out called an eviction. Self help cannot be used against her. This will afford you some additional time the amount of which varies somewhat with your local court and practice.

If the title is in your mother's name as you say there is little or no additional protection bankruptcy can afford her and there is no right of "redemption" at the common law of PA after the Sheriffs gavel comes down at the auction. Same for your own potential bankruptcy but it may be an advisable step for you to take even so. (We represent bankruptcy clients throughout PA.)

A sale can sometimes be contested in court if brought before the deed actually changes hands (can occur before the 21 days are up) but the grounds therefore are extremely limited. In any event best of luck to you and your Ma.

Question:

Our house was just sold at sheriff on the first I believe. We got no notice but someone came to take pictures I was told by my little brother. My aunt knew it was sold before we did. I need to know. Does Pittsburgh get the redemption thing where we have 9 months to pay it back or no. I wanna know how long we might have as I was told we will receive no warning and be thrown out. Everywhere I look only pulls up Philadelphia, no Pittsburgh lawyers and different philly lawyers have told me different things and say that Pittsburgh is completely different. Please any help would be appreciated.

Christopher's Answer:

In PA, there is no right of redemption. A sale can only be overturned under very limited circumstances prior to the delivery of the sheriff's deed to the buyer. You may have received a notice earlier in the process and there is no obligation imposed upon the seller to re-notify the debtor. However, if no notice was ever sent out or posted, that may be grounds to overturn the sale. It's too bad you had not seen a bankruptcy lawyer as it it might have been saved but once that gavel comes down, that's all she wrote. whether in Philadelphia or Allegheny or anywhere else in PA.

Question:

my ford 2014 has been in the ford dealerships shop for about 3 months "waiting on parts" with "three cars ahead of me". i need a vehical for work and cant keep this up much longer. our customer rep said she doent have any clue how long it could be and expects it will be much longer. what should i do?

Christopher's Answer:

Given the current backlog in parts deliveries, what would normally be an excessive time may not be. I do not on the facts given believe that the Dealership is in contractual breach or negligent or is acting preferentially. further, even if they were, I don't see a worthwhile damages claim. You are getting to work after all.

The Dealership is reporting reality, they are wrestling with the same issues as are plaguing the industry. So sorry, but I don't see any recourse here except to take your truck elsewhere and undoubtedly start at the end of the the line all over again.

Question:

Divorced. SUV has both names on loan and I don’t have car but it’s in my bank and I do not want name to be ruined if payments are not made.

Christopher's Answer:

No. When you sighed for the car loan you personally made a legally binding promise to the auto lender to faithfully make the payments . That promise is entirely independent of the promise to pay made by the ex and indeed your Property Settlement Agreement, if any, cannot cancel that promise, even if for example it clearly requires that the ex is to all make all the loan payments. This is so even if the court approved your settlement, You are what is said to be in the law, '"jointly and severally liable". If your ex does not pay, then the lender (and the courts) will look to you to pay instead.

Look at it this way, wouldn't it be nice if all car loans could be cancelled simply by filing for divorce? There would be a lot more divorces and indeed. lenders would stop lending to couples altogether. Detroit probably would grind to a halt as a result! Contracts serve a critical purpose in the world, to impose the certainty of repayment needed for the smooth operation of commerce and the free availability of credit in order that you and I can obtain the goods and services we need.

A Chapter 7 bankruptcy won't help you either because this is a secured debt (secured by the SUV) and secured debts cannot be discharged, generally speaking they must be paid in bankruptcy. So, I guess this is one example of why of why they say its "cheaper to keep her"!

Question:

Hi, I am about to apply for an apartment on this site, they advertise $555.00 for a 1 bedroom, now I am about to apply and she says it is 700 a month, that there is an additional 145.00 for washer dryer, internet and cable. I have my own internet, I use antenna for tv, and the washer and dryer, well it says they are included on the site, please look at the site, this is clearly false advertising, and I was told they cannot make you sign up for these things. ...

amenities:

https://pinnaclepines.pmiflorida.com/

floor plans:

https://pinnaclepines.pmiflorida.com/?model=1x1%20%2860%25%29

Christopher's Answer:

Well no unless you sign a lease with these economic terms in it and you can’t make a contract out of an advertisement no matter how misleading. It’s the old bait and switch.

Question:

I NEED to cancel my plan with Freedom Debt Relief. However they already settled 3 accounts - which I fully intend to pay. How do I make sure I’m still able to Pay those accounts?

Christopher's Answer:

Not sure what you are thinking but of course you can pay the creditors according to a plan reached by a third party whom you terminated after the agreement was made. They were your agent until the relationship ended and agreements they reached are legally binding on both patties.

Question:

We purchased a duplex, the property management came along with the property. They have been doing work to the property without permission, per our contract they must ask us first if any work is over $250. They have started charging us 10% late fees every ten days.

Christopher's Answer:

No way to answer this without seeing your contract but if they are in breach the excessive late charges are inappropriate. The work then is gratuitous and you would not have to pay for it.

Question:

We were in chapter 13 for 10 yrs. I am now receiving lien letters on my home from my municipality. They were included in my bankruptcy. They are stating we owe 13,000 from 2010-2019.

Christopher's Answer:

Ha ha. So you want to sue your bankruptcy lawyer for municipal tax liens. Aside from the fact that the applicable limitations period has long expired and that likely much of this is probably post bankruptcy filing debt, there’s the small problem that municipal taxes are not discharged in bankruptcy as Mr. Rubin correctly states.

Question:

I received a summons in the mail to go to a court hearing for a civil suit from lvnv funding LLC concerning a Fingerhut account I did not do the Fingerhut account I was in the hospital I was in a coma for six months and when I woke up I was unable to do anything I was paralyzed everything I did not make this my children made the Fingerhut they are the ones who ran the bill up not me what can I do do I have to pay them can they put me in jail would I have to file charges against my children

Christopher's Answer:

Your story is very compelling and brings into question how Fingerhut got good service on you. In addition if they have a judgment against you you can possibly contest it under court rules.

However, in any case, there is no debtor's jail in PA or the U so under no circumstance can you be put in prison for debt. I would however suggest that you see a local lawyer to get a better handle on your rights,

Question:

I received a pending legal action/collections letter from EZpass NY for a toll violation. However, the car in the violation is not mine, someone was using a copy of my paper temporary tag. I'm not sure if they wrote the plate number down and printed their own copy because I had the paper tag on my car up until I traded it for a permanent tag. I responded to the letter with a document from the dealership showing that temporary tag was issued to my vehicle, not the one in the photo (the cars are different makes and models). I am disputing the violations, but if they decide to deny my claim for whatever reason, can they open a collections account against me for a fine that isn't mine?

I would prefer not to pay $220 for someone copying my tag without my knowledge

Christopher's Answer:

Ez pass has an on line form for this or just call their toll free no and explain, no doubt the camera took a picture of the car that could show it is not your car., Probably happening a lot! If it comes to legal action which I doubt you would just prove you were not in NY that day.

Question:

My son supposedly owes someone for equipment he bought. The constable came by and said that if my son does not take care of this debt that they will return and take items from my residence to pay this supposed debt.

Christopher's Answer:

You can exempt out items on a form that he doesn’t own from sale and the Sheriff cannot enter your home without your permission without a warrant. He can probably snoop around the yard to see what he can take but again they cannot sell anything you own.

Question:

I signed for my sons bail in 2019, he was paying the bail, but was murder 7/21/20. I just received a summons to appear in court for the balance of the bill. My sons bail was $1010.00. I put down a deposit of $500, my son paid back $180. He had a balance of $330. They want me to pay $330 + court cost. They never called me or notified me my son was behind on his payments. I also would like to know when the courts release the bond who does the money go too?

Christopher's Answer:

Your son was probably released subject to an appearance bond for which he was to pay a fee of only 10%. Or 5%. That’s the bondsmans comp for taking on a very risky bet because if the defendant does not show up, he is responsible to the court for the entire bond. This is not your money coming back to you because your son did I presume show. You probably co-signed for the bond fee your son did not pay and that’s why they are chasing you.

Question:

A delinquent mortgage was signed about 20 years ago and no payments have been made in the last 10 years. The mortgage makes no mention of a maturity date but the note itself matured about 10 years ago. Is the mortgage time-barred?

Christopher's Answer:

Maturity dates are irrelevant. Its the date upon which the last payment was made or promise to pay was stated that is. The mortgage NOTE is the document containing the promise to pay not the mortgage which gives a security interest that is key anyway. Generally speaking, the limitation is 4 years however, if the document is signed under seal (often expressed by the printed word "sealed" in proximity to the signature) which most notes are, then you are looking at 20 years...which would mean that the promise to pay is still enforceable.

You should also check to see if the mortgage was properly recorded with the local registrar of deeds office because if it wasn't there is no security for the debt and the mortgagor might be able to successfully pursue a "quiet title" action.

Question:

Amazon closed my account for having too many returns. Even though I explained to them since the pandemic I had become increasingly dependant on them for all of my online purchases. Since I purchased more online hence why my relative return has increased. Nonetheless, those returns were valid returns that respected Amazon policies.

However, the main problem is that by closing my Amazon.com account, I also lose access to Audible(100+ purchased audiobook), Prime Video( purchased movies and access to new ones), Kindle(purchased ebooks and new ones), Alexa(unable to use it with Echo), and more.... So by closing my Amazon.com which only deals with online purchases, I lose access to all those other services and purchased digital content.

I appealed and emailed them numerous times but they keep going back and forth with their customer service. I told them it's ok whether they choose to close my account or not but give me ACCESS to all my purchased digital content. They are still trying to figure out how to do that...

Anyway, I would like some advice on whether I have valid grounds to sue them?

I'm out of options, I purchased all those items and I want them back.

Christopher's Answer:

I believe it within the discretion of Amazon to terminate a commercial relationship at any time and you would have to check their policies to see the accounts that go with it. Also, their security department may have thought all those returns were excessive or even suspicious. Proving up your damages would be another hurdle, How have you been harmed monetarily?

Have you tried calling them to talk to a human being? Ask for a supervisor.

Question:

I bought a 2015 freightliner cascadia from MHC KENWORTH in Greeley Colorado on july/1/2021 it took them 2 weeks to send the title so I couldn't hit the road until July 21st and after I picked up my second load on the 24th my truck completely shut down and when I took it to freightliner to fix it they told me it needed a new onebox which is basically an all new emissions for 17.000 . When I bought the truck they claimed to have checked the emissions and that it was ready to go so now there claiming that I did it and it's my fault when it's impossible for me to have done it and freightliner ses there's no way some one didn't notice it before they sold it.

Christopher's Answer:

I would need to know if you have a warranty. It would be odd for a commercial vehicle to be purchased without one. There may be other recourse but an express warranty is always better.

Question:

I moved in 11/2015 to a new house and advised my company. They updated my address as far as I could tell, as ADP had the correct address listed. When I did my 2016 taxes, I found that I was paying local taxes as per my previous residence. I reached out to HR and advised of this. Two years later I realized I still was paying the wrong local taxes, which is nearly double. I reached out to HR again and they updated my address but to the wrong township. I advised them of this and heard nothing back, assuming that they would correct it. Today my employer emailed me stating that they will be garnishing my wages due to money owed to Per Capita taxes effectively next paycheck, which is only 3 days away. The forwarded me a letter they received dated 19 days ago that then never mentioned to me prior to this email. The person I spoke with from the collection agency stated that this was due to that reason. What rights do I have legally considering that this has been brought up multiple times over multiple years and did not get corrected causing me to have my wages garnished. I did everything I could do correctly. This is the fault of my employers HR.

Christopher's Answer:

I believe that your best recourse is to the Local Tax Claims Authority to get this straightened out. I would also suggest that you get the federal wage and hour people involved, since this involves improper pay. A couple of phone calls placed tomorrow may well stop this garnishment. A good local lawyer may be an asset in this regard.

Question:

Roofing company kept pushing back their job on our house so we decided to ask for a refund the owner sent us paperwork thru the mail to sign for our refund got $500 so he said was an error because the total of the refund was 4,500 so they still owe us $4,000 three years later after calls, emails & text telling us he promises the re

Christopher's Answer:

Yes, sue under the home improvement contractor provisions of the UDAP and get them to pay your legal fees. A good consumer lawyer can help you maximize your recovery.

Question:

I received the notice about a month ago and misread the information. I was planning on pleading guilty and accepting to pay the debt because it's not a very large amount. I showed up to the court house today for the scheduled date and time and was told I never responded so it would need to be rescheduled. I spoke with the clerk who told me it just needs to be rescheduled and it's not a big deal but I'm still very worried about it.

Christopher's Answer:

No, just wait for the rescheduling notice. If you don’t want it on your credit,call the creditors lawyer and make arrangements to pay it. Don’t admit to the charge. Otherwise it will be haunting you for years.

Question:

My 5yr old got injuries outside our apartments and peco is also involved which is a big electric company. We are still living at the same apartments. As you know because my daughter is a minor all the money goes into a trust account for when she is 18 and older. My question is can I counter sue the same day same lawsuit for money for myself to be able to get a house so we can get out of here?

Christopher's Answer:

I have no idea what you mean by counter sue. That term is used in civil procedure to an action against a plaintiff for offsetting damages and you are not a defendant.

First off, the claim for injury has nothing to any claims you might assert in your own right..

Second, you can’t sue the trust. That’s your daughter’s money. How did the trust injure you?

Third, you don’t have “standing “ to sue PECO unless you personally were harmed by something they did or failed to do.

The very purpose of the trust is to keep the money in it out of your hands and away from third parties.

Question:

My car was damaged by a porta potty left in employee parking lot from construction done months ago, so a storm came thru and sent it flying into my car while i was working. So am i still responsible for my deductible or is Fedex,...i am leased on with them and not actually employed by them but we park our cars in the employee parking lot while out running loads for them.

Also is this against me now with my insurance company?.

Christopher's Answer:

The coverage that applies is comprehensive auto insurance which is not fault related. This is not a motor vehicle accident per se but involves damage to your car caused by a non vehicular peril. It’s analogous to a tree falling on your car. The insurer will pay the claim subject to the deductible. Your recourse therefor for the cost of the deductible is against the owner of the porta potty. However I don’t think that this is due to their fault or negligence but was an “unavoidable accident” caused by a windstorm, so I don’t see a recovery in that direction either. I am afraid that, no, you will be stuck paying the deductible out of pocket.

Question:

I have a claim against an original credit card company. The problem is they sold it over to a debt collector . Does that mean I have to sue the debit collector since they now own the account? Or can I still bring suit against the original creditor since they the ones who did the violation ? also if they are located in another state do I have to bring suit on then in their state ? Of can I sue them in my home state ?

Christopher's Answer:

I agree with Mr. Rubin. Conversely, If you sued the debt purchaser, it would be dismissed. All they did was buy the debt. They did not thereby become liable for the obligations (including legal claims against) the original creditor.

Question:

doordash offered me a bonus for $250 i completed it and still no pay ive called them multiple times about it and provided proof it was completed and still no pay. they offered another bonus of $300 and didnt pay me it. i did the same thing and provided proof and still no pay. now they owe me $500 in total. please review my case i have evidence to provide with it.

Christopher's Answer:

It’s $550 isn’t it? If you achieved their objectives, they need to pay you. It’s an employment contract and since you are probably an IC, you can sue for restitution. If you can round up a few others, maybe you can start a class action.

Question:

Bought a diesel pickup with all the emissions deleted from a dealership

Christopher's Answer:

This is a possibile violation of federal law but I don’t understand how it has harmed you so as to give rise to a cause of action against the dealer. You would have to show that for example, the truck cannot pass the emission test. If repairs were needed you might be able to sue for these but it is not a per se violation of the automobile dealer UDAP law because it’s not inherently dangerous.

Question:

My house that I abandoned three years ago was inhabited by squatters. The squatters paid the water sewer garbage electric and cable to the house. I asked the water sewer and garbage company to turn everything off but they refused. The squatters caused a ton of damage to the house the yard and even left an abandoned car on the property. The chief of police made a claim that there were several dead animals on the property and he took three years to finally forceable evict the last squatter in the middle of the night. The shariff has been writting me tickets left and right some are over a thousand dollars.

Why didnt he charge the squatters with anything. And now that the squatters are gone the water company is charging me over 2,000 dollars. Is any of this legal?

The house resides in nesquehoning PA. And I am a 100% disabled combat veteran

Christopher's Answer:

You are incurring fines under a local ordinance because you as the owner of the property are allowing a public nuisance to persist. You need to secure the premises, board it up. clear off the dead animals abandoned car, and trash, keep the grass mowed. it is your responsibility to evict squatters and part of the penalty may be related to costs incurred by the city in doing so for you. However, a vacant property is also an attractive nuisance {or premises liability} and you largest exposure may come if you do not take such steps and some child is injured and the parents sue. Liability insurance would also be a good idea if you can get it

Question:

Car dealer took inspection for my saab, replaced exhaust pipe, but engine light didn't remove. They told me it will not effect driving condition.

After couple weeks my son was driving on high way, suddenly smoke started from engine, and car stop! My son was in danger, and other drivers on high way, because we trusted what dealer mechanic told us? Now other mechanic from AAA said needs engine to replace. but they said its complicated for them to do it. (I understand they can't say they don't know how to do it? Saab is little complicated to fix)

My guess is at the dealer they didn't do right exhaust pipe, and cost overheat engine?

Do I have case?

Christopher's Answer:

Aha a "SAAB Story": You may have a case under ordinary negligence law or the PA UDAP statute. The problem may be establishing causation because of of the time interval and the relationship between exhaust issues and engine failures. Also, it sounds like the check engine light was on when you brought the Saab in which might suggest the engine issue was preexisting or unrelated but might indeed have been caused by compression issues relating to a failing exhaust system, You will need expert testimony which can be expensive. I would definitely have the car inspected by an authorized SAAB repair person to determine the cause before having the engine swapped out.

Was the repair warranted?

Was the first mechanic SAAB certified?

Have you tried calling the SAAB ombudsman?

Question:

I took my camaro engine to a machine shop who specializes in rebuilding motors. He ordered all of the parts and did all of the work. When it was all done and had the guy who was putting the engine in pick it up he told him no warranty. We got car running and not even 600 miles later lost oil pressure towed to garage and took engine to someone else to find out what was wrong. He installed parts incorrectly. Put bottoms on tops and tops on bottom etc. Which did a lot of damage. I have pictures and statements from the guy as he tears it all down. I paid him a lot to rebuild it let alone for all the parts. Now I have to buy all new parts and pay someone else to tear it all down and rebuild it completely again. Would this be worth pursuing? Do I have a case here?

Christopher's Answer:

This is not hopeless but it’s not easy either. I believe that an exclusion of warranty must be in writing to be effective and that the goods and services must be sold “As is” to exclude an implied warranty. There may be several ways to proceed here and some that may be statutory claims that may permit a reasonable legal fees recovery. Very important or you can get them as this requires a defendant to pay your legal fees if you win.

However, the repair co. will have defenses. 600 miles may not seem like a problem but it may be.

It is probably worth pursuing however. Depending upon the size of the remediation expenditure. You may get an out of court settlement. You need to consult a local auto fraud type attorney.

Question:

I posted a Fan-made script on the website DeviantArt. It was about the characters Bart and Lisa Simpson From the Tv show "The Simpsons". It was a completely wholesome Script, and it was Kid friendly. however it got labeled as Mature Content despite, the script not being mature in any way.

Christopher's Answer:

My thought is (just a hunch really) that your script was taken down for an entirely different reason than that stated and that’s because the moderator thought that you were possibly violating the copyright the owner has in the unique Simsons concept and portrayal. It sounds like you had a major production going there based around the animation personas/characterizations They just used the "adult" classification so they could avoid copyright infringement themselves by keeping it up without having it seem like they’re drawing a legal conclusion. When I teach IP concepts, I emphasize that it is often the case that while we’re most intent on protecting our own rights in our supposed creativity and self expression that we had better look out that we are not in fact trammeling on someone else's. Ask yourself even from a common sense position, how much of your vaunted creativity actually derives from the adoption of the efforts and financial investment in the Simpson’s concept itself? At any rate i could be wrong, I would have to review your content and perhaps engage the services of other professionals in the creative arts and film industry to assist me before passing judgment on it!

Question:

Been working for over a year to build a modular and already signed a contract and put down 58k and then they told me that due to material surcharge increase that they would need 10 to 15k more. Then called back the next day to say they are going to go with a different manufacturer and they should be able to get it down to $2500 to 5k. 3 weeks later they get back to me to tell me that it will be an increase of $4713.

Christopher's Answer:

It is virtually impossible to answer this question without seeing the actual agreement. Normally the answer would be probably "no". The price is fixed contractually and any changes would have to be inked by both parties except in very rare cases (mutual mistake, etc.) The builder assumes the risk. The purpose of upholding contracts is to ensure that buyers can be sure of the price and hence to allow for commerce to proceed smoothly in general. If you signed up in the pandemic, however, it may be that the builder reserved the right to increase his price if material cost increased. In that case, this would be justified but I would ask for proof in the form of invoices tied to the specs. I would not just take their word for it. at any rate you will need to retain counsel to review the actual agreement.

The builder is possibly taking advantage of a seller's market to jack up his prices to cover himself, thinking you know home prices are higher now and are not likely to walk. If you accept the property, you will probably accede to his demand.

Question:

I have been with the same man for 10 years now. We have 2 kids and own a house. Or rather, he does. His name is on the house but I gave the money to both pay off his debts and put a down payment on the house in question. I have no job nor a valid drivers license. He's told me that if I want to leave I can but i will not be able to take my kids with me or see them for that matter. Our kids are 9 and 6 both with mental health issues. I only have 1 place to go and I know that if I try to take my kids there, their father will downright refuse and the cops will eventually be involved. He told me we couldn't put my name on the house due to my bad credit but I'm not 100% certain on that. I'm scared to leave my children but I also don't want to be with him anymore. I don't know what to do.

Christopher's Answer:

Unless you're married to this joker you are going to I have a very difficult time getting anything out of the house. He lied to you about your credit. It has no impact on holding a deed in joint names in PA. He is trying to intimidate you so that you won't try to get him to pay child support. And you have every right to have joint custody of those kids. There are resources available to you. Firsr.There are shelters which offer a protective environment for women and children. There is counseling to help guide you. There is state and federal aid available including welfare until you can get back on your feet. Employers are begging for workers right now in the aftermath of the pandemic. Your church may be a resource. Contact Children& Family in your local Common Pleas Court System. I could go on. But the most important thing is to get the hell out of Dodge ASAP. Do it serreptitioisly and take the kids with you. Get a protective order if you are worried about him harming you or the kids!

Question:

Careless driving - 3714a - paid the fine ($140) and was my first ticket ever. Spoke with my insurance company and the first ticket is generally forgiven. Will the points be removed after x amount of time and would I have to disclose something like this to a future employer?

Christopher's Answer:

A summary is not criminal but will be entered in the state police traffic violation database where it can be accessed by prospective insurers. I believe the points come off in 3 years. It is not reportable to employers.

Question:

Back in January 2021, I got into a car accident where a driver sideswiped me from changing lanes. His insurance kept delaying the claim trying to settle for 60% his fault and later offered 85% his fault. My insurance refused to accept it and later won an arbitration for 100% his fault. Now that Allstate (his insurance) was told it's 100% their fault. Can I file a claim for diminished value to my car? My vehicle does have a rebranded title because it was totaled from a minor accident last year. However it's been fully repaired and has passed the enhanced safety inspection and issued a rebranded title. The accident that happened in January was on the passenger side that wasn't damaged from the first accident. Therefore they were all original parts and factory paint. I have tried searching on Google, but it's tons of mixed answers. Some say I can only get 60% of the diminished value. Both accidents are listed as "minor" on the Carfax report. Cars like mine sells for around $16,500 as accident free. Therefore I consider it valued at $13,200 as Reconstructed title.

Christopher's Answer:

Based on 100% the other driver's fault it is appropriate to file a diminished value claim against Allstate directly . This is "outside" the "repair of physical damage coverage" your regular coverage and your policy will probably restrict you from filing against your own policy. The best way to look at this problem is to use a standard 17C analysis and then determine how much of a adjustment needs to be taken because your car already has diminished value. So lets look at that:

Formula: Value of Vehicle x 10% Cap x Damage Multiplier x Mileage Multiplier = Diminished Value

Step One: Check your car’s value. $16,500

Step Two: Calculate the base loss of value = $1650

$16500 x .10

(This is the maximum insurance companies will typically allow as blessed by the GA Court who came up with 17C.)

Step Three: Apply a damage multiplier. $1650 x 0.25 = $1,500

(Industry Standard multiplier for minor damage used, you can find these on line, google "17C")

Step Four: Apply a mileage multiplier. $1,500 x 0.40 = $412.50

(You did not supply this figure so I am assuming a standard multiplier based on 60,000-80,000 miles:

of 40%) x $412.50 =

Final Diminished Value $165

Obviously, less miles will get you a higher multiplier and vice versa.

Step 5: compute the prior damage reduction by computing the proportion of undamaged todamaged;

$13,200/$16,500=.80

Apply this factor to the diminished value above

Final Damaged Diminished Value = $132.

Clearly these are arbitrary figures and the computation is mechanical, but as you can see at any rate you are not going to reap a windfall. I would say ask for $200.

Question:

My friends are going on a trip, they are in the 18-20 year old range. They want to drive with an unopened bottle of alcohol in the trunk of their car. I told them I would advise against it if I were them but I didn’t have any facts to explain to them. Is this too risky for them and should I talk them out of it? Thanks

Christopher's Answer:

There’s no problem with the bottle in the trunk generally speaking, even if it be were once opened and Recapped . However your friends are not being smart. The legal age in PA is 21 and if the car is searched following a traffic stop the police will find it and they could be arrested. The penalties for conviction of possession or transporting alcohol (open or not) underage is $500 and loss of driving privileges for a first offense and it gets worse for subsequent offenses. Second conviction is a misdemeanor. Talk them out of it.

Question:

This is a classic case of someone who took on a job that was too big for him to handle, stringing me along for 3 years, being paid on a regular basis and not finsihing the job. This person operates a bodyshop out of his home garage, and gets his work by word of mouth. He took on a job for me of a total car restoration. He quoted me a price of between $16k-$21k, assuring me it would be scloser to $16k. This was to include parts and labor. I was paying him (i do have receipts) for well over a year on a bi-weekly basis. When it came time for needing parts, he had no money and I purchased the parts (have receipts) so the project would move along, but remember, his price was to include parts. it's is now 3+ years later, I have paid a total (with receipts) of $26k + parts, and the car is no where close to done. Now the man wants to send ot off to another body shop to finish the work and is expecting me to pay the next guy what I already paid him for! We did not sign a contract, and the only thing I have are receipts of payments to him, receipts for parts I purchased and hand written notes and text messages from him on progress and promises.

Christopher's Answer:

I see no reason why you cannot sue on this oral contract and discovery may be of some assistance in filling in some of the blanks. However, the issue is going to be proving what .the specific terms were: Price, time to perform, performance standards, parts and labor or labor only, even the scope of the work, etc. This nor just the sale of a fungible item with a clear value such as a used car that one can look up on NADA. What would the value of the finished product be? This was a custom job on a long out of production model. It may even be difficult to prove that there was a breach of contract under these circumstances. Expert testimony may even be required.

Others may disagree but i can see this getting very expensive very quickly and most importantly it sounds like this guy has nothing to recover against even if you do win. I hate to be discouraging but it sounds like the work was grossly underpriced and that you may have Already received what you paid for. One thing that may help is determining from other restorers what the cost of a full performance would have been and what it will cost to do the remaining work.

Question:

I filed chapter 7 my lawyer did not tell me I would lose my house his website says I can keep house and car that is why I filed chapter 7. A lady came to my house to take pictures did not think anything of it just thought it was part of the progress. Now there is a for sale sign in the yard. I called my lawyer and said I do not want lose my house. He said he will file a motion or declaration to the court I do not know what that means. Is this his fault that this has gone this far do I need seek to another lawyer I need advice I have no where I can go if house does sell I am in my late 70s and I am in tears I been having chest pains over this. HELP Thank you

Christopher's Answer:

I am not licensed in your state but am answering this based on general bankruptcy principles and rules. I assume you are significantly behind on your mortgage and your lawyer should have put you into a 13 not a 7 , because in a 13 you retain your property as part of the bankruptcy estate whereas in a 7 the trustee will take your property, including your home, sell it, satisfy the mortgage payoff and distribute the proceeds if any to your creditors. The only way to keep it in a 7 is to keep it outside of the bankruptcy and do a "ride through" where you make regular payments as if there were no bankruptcy if that procedure is recognized by your state bankruptcy court. To do that however, you need to be able to pay off the arrears out of your exempt or current funds. All is not lost, however, You can convert to a Chapter 13 with leave of court. You will have to pay back a portion of your unsecured debt in the plan which will vary depending upon factors which are beyond the scope of this response. You also can move the court to have your case dismissed.

Question:

He paid her off. Just need to get her name off of the deed and mortgage. Ty

Christopher's Answer:

In return for the "payoff", the BF should have insisted on the ex quitclaiming her interest over to him. If they were married and he had done it while they were still in that status, they could have avoided PA sales tax under the inter family exemption. If however, she is willing to still do so and the deed is now in his name alone, there is a fairly new procedure whereby he may be certified by the lender as the sole owner by reason of divorce upon presentation of required documents and then assume the mortgage in his name alone even if the mortgage does not provide for assumption. I have recently successfully used this process for a client. He will need to consult a local lawyer to assist him.

Question:

The Agreement has this "TERM" clause:

"The term of this Agreement shall commence on October 20, 2020 and shall continue for eighteen (18) (“Initial Term”) months, unless earlier terminated in accordance with Section 10 (the "Term")".

The Section 10 - "TERMINATION" - has provisions for Termination for Convenience or for Cause.

The "Term of the Agreement" is then referenced in Section - "OTHER BUSINESS ACTIVITIES" and it reads as follows:

"You may be engaged or employed during the Term of this Agreement in any other business, trade, profession, or other activity which does not compete with the business of the Company. You shall not perform any services for direct competitors of the Company, without the Company's prior written consent to be given or withheld in its sole discretion".

If the Agreement would be terminated under the terms of section 10 after only 8 or 12 months, would this shorter term be applicable for the non-compete limitations of section - "OTHER BUSINESS ACTIVITIES"?

Christopher's Answer:

"Term" is not defined but can be inferred from the context to refer to the actual period however long or short. This means the non-compege expires on the last day of employment, not at the end of the initial term. I will happy to provide further details and provide suggestions if you book a consult with me.cccarreesq@aol.com.

Question:

They have forced me to quit. (That's one suit) They put me on leave of absence October 6, 2020 and still on leave mid May. Just before being put on leave, I was approved for a home loan. ($50-100k) The bank called to ask if I wanted to renew my loan, but I was no longer approved because my income changed (Only getting 60% of my pay) and credit card usage raised, lowering my credit scores to their lowest they've ever been.

Christopher's Answer:

Pa is an at will state so they can terminate your employment for any reason at all as long as not discriminatory. If you believe it is, you have the recourse to file a complaint with the PA EOC. Not sure them keeping you on during Covid-19 And pain and suffering is not an appropriate remedy in this kind of case. Even if you had a cause of action , You can't recover on the loan loss because it is consequential and not forseeable. I mean that they could not know that cutting you down to 60% would cause the loss. Plus, it sounds like the initial delay in takong down the money when you could was the cause of your own loss. Sorry I can't give you better news!

Question:

I wrote my husband two $500 checks to deposit into his account at his credit union. He deposited them, then a few days later withdrew the $1000 total from the two checks. The problem comes from the account I wrote the checks from being closed. I had a closed account with Navy Federal that I thought reopened. I sent in a money order to them (since they aren't local) and thought we were good to go. They did not reopen my old account as the rep said. Instead, they have said that the money order was destroyed and I'd have to go back through Western Union and my account would remain closed. When the check came back on a closed account, my husbands credit union called him and left a voicemail telling him that me writing the checks on a closed account is a criminal offense and that he wants the account taken care of, because he's "sure that Ann(me) doesn't want law enforcement showing up to question her." I called back and left a voicemail with the guy that called and explained that this was a mistake on my part, I thought my account was reopened and it was not. Since Navy Federal destroyed the money order. I don't have the $1,000 until I get my money order refunded.

Christopher's Answer:

This is not a per se violation, though you can be charged with a felony. For a check kiting offense in PA intent must be proven though it can be inferred from a pattern of behavior. In your case I would stop posting and see a good local lawyer. You can compromise your case.

However, it sounds like you were acting in good faith. Preserve the evidence!! I believe also that it’s important to replace the check with a good one ASAP.

I believe that you should investigate if there has been a violation of the Fair Debt Laws. Also I am curious as to whether NFCU is a proper complainant since they weren’t harmed?

Question:

My dad passed 10/7/20..in his will states that things are to be sold to pay outstanding debts..approx $15k..since my mom passed 12/23/08..dad never gave the belongings to the people that mom desired to leave them after her death for whatevr reason..since that time I had been paying bills, taxes, prescriptions, groceries, made cash deposits if he was short of cash, repairs to vehicles, home maintenance, heating oil, appliances, as well as property care ie: mowing the lawn, general cleanup, furnace/boiler maintenance, a lot of things dad just couldn’t do any longer, never did I see another family member provide anything while I was there, dad said once in a while my nephew wd come over if I was out of the area to mow or shovel some snow,..I was the one who took him to the hospital and was with him throughout his fight against his illnesses..will states the place and belongings to be sold to pay off debts approx $15k..I offered to pay those and buy the property privately..but the executor at every offer turned it away and made unreasonable deadlines and fails to communicate wth me...my physical address and my home is that address of my dads house and has been for decades

Christopher's Answer:

Well alas, unless you had a written contract that you were to be paid for his upkeep, the estate has no legal obligation to you. It will be considered the kind of thing that sons do for parents or maybe even as rent. You cannot present a claim and force a sale.

However, if you are named the beneficiary, that is a different story. You can insist that the executor either sell the home and give you the net proceeds if any after payment of the debts or alternatively deed it over to you if you pay them. You need to see an estates lawyer to advise you as to your rights!

Question:

First diag on vw 2012 oil leak -water pump $1100 still same leak 2nd diag oil adapter $1400 —still same spot oil leak today 3rd diag intake manifold and gasket-$700. Vw has guarantee on repairs for 12 mths or 12 thou miles. How can they keep guessing and replacing parts that aren’t broken and I have to pay $2500 for their mistakes. Now today they found another fix -manifold & gasket for $700 more. Do they take responsibility or is it mine. What about take 700 out of the 2500?

Christopher's Answer:

This is exactly the type of thing that the PA lemon Law is designed to prevent...repeated repairs with no fix. But unfortunately your vehicle will not qualify. Why are you not getting coverage under the VW Warrantee...I would send them the bills and demand reimbursement?

Question:

I went to file my 2020 tax return I found out it was already filed my ex wife of over 20 years ago filed my taxes without my permission and stole my $1800 tax return and $1400 stimulus and had the money direct deposit in her account I filed fraud paperwork and fraud charges at the police district then I found out my ex wife also put Comcast cable in my name at her house for 11 years without my permission do you guys think she will have any charges put against her

Christopher's Answer:

Of course she will. In fact, she is facing a felony, under PA law, since the amount she stole was over $2,000..This may also be a federal crime because of the IRS aspect. You might also look into the PA victim restitution law to see if you qualify.

Just because she defrauded the government does not mean that you are not entitled to the money. There is an IRS ID theft form you can file to start the process.

Question:

The mother passed unexpectedly, she has a child over 18. This child was the one that had/has to handle everything. Bank, car, all of it. The beneficiary is a cousin of the mother. The cousin has expressed that she will not help with any of the bills or end of life expenses. Is there any way that the child could overrule the cousin to get the life insurance money?

Christopher's Answer:

Life insurance proceeds typically pass outside of probate and are owned by the beneficiary, so no, the child cannot take against the beneficiary. Contracts of insurance like all contracts, have to have some certainty about them and predicable outcomes, else why would you buy one?Any claim or suit for expenses, (which would have to be based on appointment as an Executor, or some legal contract or promises to pay) would have to be brought against the estate not the beneficiary.

Question:

I am a teacher who built a science curriculum on Google Classroom (mainly using Google Forms). I am interested in trying to sell the curriculum. However, the Forms that I created contain images and links to websites/videos that are not mine. Would I run into copyright trouble for selling Forms that contain images and links to other videos/websites? Or, can I make the case that I am only selling the questions on the Form, not the other content? Hopefully this question makes sense, and thank you for your time!

Christopher's Answer:

Safest approach is to obtain permission from the image owners. This may be available from your educational association en masseur by paying content license fees. Otherwise you may be legally responsible for creating violative derivative works unless you can prove a valid defense such as fair use (parody, comment, etc.), or public domain. You may also want to watch out for trademark violations within the depictions.

Question:

It’s a long story but here is a shortened version.I owned a construction company that I purchased from someone and wound up really getting shafted.The company wound up having financial difficulties and it was going under and I had made the decision to close but the problem was I had numerous ongoing jobs and deposits from people.For the most part I was able to settle everything except a few things.I filled a personal Chapter 7 bankruptcy to protect my family and I just in case.There was one customer that absolutely would not compromise and I wound up including them in my bankruptcy.They did come to my bankruptcy hearing to try and fight it but were unsuccessful.Their debt is on the list of my discharged items.This was in 2015. After the bankruptcy they came after me criminally and after fighting it for a year I just wanted to get on with fixing my life and move past my business mistakes and pled guilty and agreed to pay restitution through the courts.Now almost 5 years later the are suing me civilly and I have 10 days to respond to avoid an intention to take default.My primary question is can they sue me civilly for something that was successfully discharged in bankruptcy?

Christopher's Answer:

I am not sure of all your facts but I do know that certain types of debts are not discharged in bankruptcy. In any event, the civil court should not be determining this. There are steps you can take to stop this on its tracks and put the matter back into the bankruptcy court where it belongs but too complicated to get into here. See my disclaimer for contact information.

Question:

I'm in my 60s. I remarried a couple of years ago and my husband moved in with me, into the house that I already own. (He is not on the deed.) Can I say in my will that I want my husband to be able to live in the house for 6 months after I die and then the house be sold? I'm not cutting him out of my will -- I'll be leaving him half of whatever is made at sale, plus money and life insurance, so he'll be in good shape. He doesn't want to keep the house, and I just want him to have enough time to collect himself and figure out what he wants. Is that something that can be done in a will? Thank you.

Christopher's Answer:

You can grant a limited term interest by setting up a trust in your will.

A trust is a legal arrangement used to protect assets, such as land, for the benefit of the ultimate beneficiaries of the trust.

The trustees are legally responsible for the assets held in the trust and are required to carry out the wishes of the person whose assets were placed into trust. They will be required to sell the property at the expiration of the 6 month period and distribute the proceeds per your wishes,

Question:

I am financing a vehicle from a dealership and I haven't received a registration yet. They stated it was mailed. I have been calling and they say we will call you back. But never do. I need to to get my vehicle inspected. I've been paying for it for a year now.

Christopher's Answer:

You must have received a bill of sale. I would take that to a local title agency, explain the situation and they should be able to assist you to apply for a replacement registration. Driving around in an unregistered and uninspected vehicle is technically illegal and you can be cited and be fined for it!. You paid the dealerships extra for the title work and I would ask for your money back.

Question:

A lot of hair products doesn’t work for me and my daughter by themselves. Last year I combined several products in a bottle and used it on our hair. Within a year our hair grew so much. A lot of people have been asking me what I’m using and I just say “stuff”. My mother told me I should make the “stuff” up in bottles and sell them. It sounded like a good idea until I thought about the brands and if me doing so would be illegal. I just want to know if this is something that’s doable without any legal action. I’m not the business type so I want to make sure I learn as much as I can before venturing into this.

Christopher's Answer:

I think there’s other aspects to this that may be problematic and that’s akin to “palming off,”. You are using actual products and formulations which if not protected by patent are likely to be so by trade secrets..and even trademark laws. For example, I think you could have legal exposure if you purchased say Redken items and slapped your own label on them, particularly if the labeling creates consumer confusion regarding source or origin. Doing so with 2 or more products in combination would be just creating multiple potential exposure. Bottom line I agree that this merits close legal examination before you introduce these hybrid products into the market. These companies spend millions developing, testing, marketing, branding and distributing their hair products and they’re going to try and protect them any way they can. You are likely to find yourself losing your own investment when you start receiving cease and desist letters. I complement you on your instincts here however because they are steering you in the right direction. You probably are going to need licenses to use their products and that gets even more complicated by potential cross licensing issues.

Question:

I was in a restaurant and an acquaintance made a bet with myself for $1,000.00 about the presidency election. He has not paid the bet and he is totally avoiding the situation. Do i have any legal grounds to claim the money? If so how do i go about this ?

Christopher's Answer:

Unfortunately, your bet is not supported by legal consideration, there's no quid pro quo. You gave him nothing in exchange for the return promise to pay you a definite sum if certain things happened. Another defect: the deal you struck was pure speculation and the courts generally will not enforce them on public policy basis. His promise is a purely moral one and it seems like he feels no ethical obligation to pay up!

Question:

i want close an estate as an executor.

Christopher's Answer:

Probate assets cannot technically be distributed until the estate has been probated in terms of transferring ownership. I believe that this only occurs when a decree is docketed by the court, not at either accounting filing.

Question:

I am divorced, but my name is still on the loan and mortgage of the house I lived in with my ex-wife before we were divorced. I believe she is listed as the main holder and I am on as, I can’t remember the term. My question is, if she decides to sell the house, would I be legally entitled to receive some of the money from the sale?

Christopher's Answer:

Assuming there is no divorce decree which puts into effect a property settlement agreement stating to the contrary, then, yes, the property would still be in both names and cannot be sold without your joining in the conveyance of the property (and vice versa) . The entry of a divorce decree creates a tenancy in common subject to rights of equitable distribution. That means that you probably will not get a straight 50% but the profits would be divided according to our statutory framework for its division. This is complicated and you should really see a divorce lawyer to better understand your rights and obligations here and to represent you if and when the property is sold.

Question:

The Judgment is 3 years old. The defendant died 2 years ago. The Judgment was recorded in the County Prothonotary before hid death. His daughter sold or took possession of the vehicles and everything else the defendant owned. I recently found out about his death by an internet search. There is nothing listed on the Wills or probate link to the county court. Can she just sell or transfer ownership of the defendants property without paying the debt. There is NO house. What can be done civilly? What can be done criminally and who handles criminal issues like this? Pennsylvania

Christopher's Answer:

This is a tough if interesting problem so I will take a gander. Bear in mind that I am a consumer bankruptcy and debtor's right's lawyer.

Technically the debtor's estate should have responded and paid his just debts and I believe that the daughter may have converted the assets of the estate. So, what of it? Well, she should be required to put the ill gotten gains into hotchpot but no doubt they were spent long ago. Note too that if your debtor died intestate (no will), she probably has rights to some of the net property after satisfaction of the debts. In fact, she may be the sole heir and entitled to the entirety of the corpus of the estate or so she may have thought, which is important as it turns out.

I am not a criminal lawyer but sincerely doubt if any PA court is going to put her in jail, for this she would have to be proven to have criminal intent and she can make the arguments that she thought the property was entirely hers and perhaps knew nothing of your judgment (a BFP, if you will). Also, you may have a "laches" issue (sitting on your rights). You probably should have enforced the lien of the judgment by sheriff's attachment levied upon his cars, etc. while he was still alive, since it is 3 years old.

In any case, her debt is to and your claim is against the estate (albeit it never existed). I doubt if you even have legal standing to bring a claim at this point sans further probate process or to seek to bring down the wrath of the law court on her head.

Question:

I purchased my home in 2012 after receiving a settlement from my father's passing and my boyfriend talked me into having his name on the deed as well. I have tried to ask him to willingly remove it and he goes back and forth between he will or won't. I have proof of my inheritance but he had me take the sum of money out to pay in cash. Neither of us had jobs at the time of the home purchase and neither had a way to take out a loan so I am just wondering if there is any way at all I can prove that I purchased the home and by doing so be able to remove his name from the deed legally?

Christopher's Answer:

If you have a remedy in is in contract, tort or perhaps in equity but not to have the BF removed from the deed. Sadly for you, once his name went on the deed, he became an owner (and your co-tenant) irrespective of how much or little he contributed to the acquisition transaction.

Sometimes if you could prove that he induced you to give you an interest in land fraudulently the deed can be reformed to remove the fraudulent party or contracting party who did not keep up his/her part of the bargain but there is an ancient doctrine codified in PA that agreements for he sale of land and the like must be in writing, signed by the party to be charged ( (the BF) called the statute of frauds so I think even there you are going to have a problem, since it does not sound like anything was ever put in writing.

Sorry, wish I could be more helpful.

Question:

I was contacted by my closing company agent who explained she made a human error in calculating to of our Loan payoff amount for our recent refinance of our mortgage. The closing company already covered the cost ($4656) to the lender but she is asking me to repay “some” of the funds as I signed an “errors and omissions” agreement. What legal obligation, if any, do I have to repay this based on human error?

Christopher's Answer:

I think not and here is why. You probably did sign such a clause. It is part of the mortgage. However the obligation runs to the mortgage co. not the title co. If they were on such solid ground, they would not have paid it. Nor would they be asking you for only partial reimbursement. The mortgage co. would have simply added the full amount to the payment stream. But the title company does have a contractual obligation as an agent of the latter and a fiduciary to indemnity it. I would tell her to make a claim against their own E&O policy, which they no doubt carry to protect them against such things.

Question:

I am in the process of refinacing my house, and when the bank did the title search,it didn"t go well,the search came up that there is a 2nd lien on my house from 2002 with a a bank that no longer exists. we called the recorded of deeds in our county and the person I spoke with said we need to get an attorney. Can you give me any feedback?Thankyou.

Christopher's Answer:

If you have the money to satisfy the lien but the problem may be that you cannot find out who now has the account. This may take some research in land title records, the federal EDGAR system,, etc. If you cannot after due inquiry locate it, there are other mechanisms available to clear the encumbrance, such as filing a quiet title action, which will definitely require the assistance of a qualified attorney to have a successful outcome. Perhaps you could pay the money into court in exchange for an order allowing the lien to be lifted. These are just some ideas which a seasoned local real estate attorney can help you implement. I wish you the best of luck!

Question:

I surrendered my motorhome back to bank when I moved from PA to FL. I received the title to it in my name, not the bank's name . Therefore, they can't sell it at auction. Trying to find an attorney that can help me with this. Since I have the title, can I get out of paying?

Christopher's Answer:

You may want to sign the title over to the bank. Every day that goes by is the less they can get for it and the more you are potentially liable for.

The title will not get you out of anything. It’s the promissory note that you signed, which created your liability. The RV is merely security for the note and they have it back. Same as a repo even if you surrendered it. They now have a possessory interest in it. The tittle has no relationship or validity as to the underlying debt. However, a bankruptcy could help with that debt, if you are eligible and other things being equal which only a qualified attorney. should ascertain.

You might have a case against Vanguard if you were a Vanguard employee and this was an undesired reveal as vs. a "reveal refusal", it was done by a supervisor and it somehow impaired your employment or advancement.

The Pregnancy Discrimination Act (PDA) prohibits discrimination in all aspects of employment, including hiring, firing, promotion, pay and other employment benefits. It prohibits policies that limit or prevent women from doing jobs simply because they are pregnant or of childbearing age. It also forbids policies that disparately impact women because they are pregnant or able to become pregnant.

However, your circumstances are too attenuated to warrant a legal claim, as much in bad taste as the colleague's demand might be. Perhaps a creative lawyer could fashion a case that your second hand announcement somehow impaired your relationship with the employee you support and thus your success as a advisor were you employed by Vanguard in such capacity or if it could be tied to the entity you do work for. For example, if the colleague worked for YOUR company. However I believe Miss Manners would take a dim view of his behavior.