Transferring Away Assets to Avoid Debt in Pennsylvania The fear of losing one’s assets can drive a person to do desperate things, especially when facing the prospect of being sued or — worse — facing garnishment of assets relative to an existing money judgment. For the debtor, it is always…
Correcting Your Credit Report (FCRA)
Correcting Your Credit Report Before, During, and After Litigation Our Pittsburgh litigation lawyers defend consumers sued for allegedly failing to pay credit card debt (and other loan obligations). We excel at getting debt collection cases dismissed or negotiated down significantly. However, two questions often linger before, during, and after litigation:…
A Surcharge For Using Plastic to Pay, Legal in PA?
A Surcharge For Using Plastic in Pennsylvania Our Pittsburgh lawyers defend civil litigation cases, including credit card debt cases. We attack the items of damages claimed, such as “late fees” as improper penalties charged, as contrary to contract law. But what about surcharges? There are merchants who charge a surcharge…
Evidence Needed to Prove a Claim for Non-Payment
Our Pittsburgh lawyers are often asked: how do I defeat a claim for non-payment of credit card debt in Pennsylvania? There are mainly two ways: one, by raising a legal defense, such as the statute of limitations or the lack of a written contract for the amount demanded by the…
The Booker Case: Breach of a (Missing & Written) Contract
Attaching a Contract to a Lawsuit As any lawyer will tell you, if there’s a written contract that a party seeks to enforce, the plaintiff suing to collect money for non-payment of the contract must attach the contract to the Complaint (lawsuit). In fact, Pennsylvania law requires the existence of…
Contractor Subcontractor Payment Act in PA
Collection of Payment for Construction or Renovation Construction contractors and subcontractors often struggle to get paid for their work on a real property. Collection Methods that Come Up Short Many attempt collection via a mechanic’s lien action — against the property. However, a mechanic’s lien fails to create a “judgement”…
A Claim for an “Account Stated” in Pennsylvania
What is a Claim for Account Stated? Our Pittsburgh lawyers often come across claims for “account stated” filed along side a count for for breach of contract. This happens when the debt collector claims numerous items that are payable (allegedly), such as interest, late payments, and other charges, but it’s…
Unjust Enrichment in PA | Pittsburgh Lawyers
A Claim for Unjust Enrichment in Pennsylvania A claim for unjust enrichment (or quasi-contract) exists in Pennsylvania where one party (the plaintiff) does something that unfairly benefits another party (the defendant). The defendant must appreciate the benefit such that it would be inequitable for him or her to have retained said…
Opposing Claims on the Docket For Money: UPDATE
Changes in Allegheny County: Collection of Money Suits It has become increasingly more difficult for defense lawyers in Allegheny County to defend claims for non-payment of alleged credit card debt, which involve breach of contract claims. As of late, more and more Pittsburgh Judges refuse to dismiss lawsuits filed by…
Is a Penalty Clause Enforceable in PA?
Penalty Clauses in Pennsylvania Are Not Enforceable Our Pittsburgh attorneys regularly see contract disputes go into litigation. We represent clients who face claims for non-payment of “penalty” clauses. Clauses that are obvious attempts to punish, will not be enforced. Some creativity in contract drafting is needed to effectuate punishment that…
