Legal Question in Credit and Debt Law in Pennsylvania

Filing a suit before consulting an attorney.

I am interested in filing a suit against a person I've had a business relationship with. Essentially, I loaned him 30grand to buy cars with for a used car dealership. Through improper mismanagement etc., the money is no longer there, and he's welching on repayment. I conscerned that he's going to refinance his home and take all the value out, and then file bankruptcy. Take the money and run kinda thing. I want to get a court date and need to know how to file or to have an attorney contact me about this. because the amount is larger, I am concerned that i can't file myself, and have to use an attorney to file. Time is really against me on this one so any help you have is greatly appreciated.


Asked on 6/02/00, 7:01 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Filing a suit before consulting an attorney.

The amount involved is too large for you to file a lawsuit on your own. If the individual is married and you obtain a judgment against him alone it is not a lien against property owned as husband and wife. The small claim limitation in Pennsylvani is $8,000. Suggest you take immediate action to get help. Have proof of the loan or documentation regarding the delivery of the moneys to the individual. Copies of the check are essential. If a promissory note was signed you are in a better position. Some attorneys may be willing to take this matter on a contingency fee basis and take a percentage of any amount collect. Good luck

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Answered on 7/19/00, 10:24 am

Re: Filing a suit before consulting an attorney.

Well... you may have yourself in a real hole, and you are right you should act quickly.

An individual can alway file suit for themselves, you do not technically need an attorney. However, PA is a pain in the ass at times with the civil proceedure, and it is unlikely you have the knowledge to handle this matter properly yourself.

Do you have a loan agreement? Do you have a confession of judgement? What proof of the loan exists? If you had an attorney help you with the loan, you would have a loan agreement, a confession of judgement, and possibly security for the loan. Unless you can afford to 'blow' the money, I'd tell anyone to have an attorney help them with it. You can't afford not to!

I'm too busy to personally help you, but I know a very experienced attorney who is quite reasonable. He can probably help you if you are still looking for someone to speak to about this. His name is Gary Marek, at 856-802-9029. Tell him Kevin Begley gave you his number.

I hate to hear stories like this... I wish you well.

Kevin J. Begley, Esq.

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Answered on 7/19/00, 2:08 pm


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