Legal Question in Family Law in Pennsylvania

A lien on your house? How first they would have to get a judgment against you. Assuming they could prove there was a contract, Even if they could they are a year late. They had to sue you with in 4 years of the date of the contract.

By the way you can only garnish wages in a limit set of circumstances and this isn't one of them.

{John}

Hi, Thank you for your question

We live in a very litigious society where anyone can file a lawsuit against anyone else without any legal basis. So, there really is no way to protect yourself from a lawsuit, no matter how specious the Plaintiff�s claim might be. The only way to Answer your question is to give you some of the defenses that you should raise in the event that you are sued.

In order to put a lien on someone�s property, or initiate a wage garnishment, the individual wishing to do so must first obtain a judgment against the alleged debtor and without it, neither is possible, i.e., a valid judgment from a Court of competent jurisdiction must be obtained before it can be entered against the individual. The same is true for a wage garnishment and without it, a wage garnishment will not be issued.

So, in either case, the individual who claims you owe this money must sue you first. He will claim that the transaction was a loan and not a gift. You do not mention in which State the transaction occurred, so it is impossible to say which law would apply. However, your Answer to his Complaint must include, among other things, that it was a gift and not a loan. If the Plaintiff alleges that it was a loan, then you must raise and include in your written Answer and in your argument that the Plaintiff�s clam is barred by the Statute of Frauds which requires a writing to evidence the alleged debt/loan. If, by some remote chance, the Plaintiff produces a writing that could or might be interpreted by the Court as evidencing the debt, you must raise the defense of the Statute of Limitations and ask the Court to dismiss Plaintiff�s claim. If the transaction occurred in Maryland, then the Maryland law would apply. The Maryland Statute of Limitations on a debt based on oral and written contract is 3 years, in Pennsylvania it is 4 years. So, in either case, the Plaintiff�s case would be barred by the Statute of Limitations. I cannot stress the importance of raising affirmative defenses in your Answer and in legal arguments before the Court because if a Defendant fails to do so, he will be deemed to have forever waived them and will not be permitted to raise them for the first time on appeal.

Kindest Regards,

ANDREA G. TILLIS

Hi, Thank you for your question ,

We live in a very litigious society where anyone can file a lawsuit against anyone else without any legal basis. So, there really is no way to protect yourself from a lawsuit, no matter how specious the Plaintiff�s claim might be. The only way to Answer your question is to give you some of the defenses that you should raise in the event that you are sued.

In order to put a lien on someone�s property, or initiate a wage garnishment, the individual wishing to do so must first obtain a judgment against the alleged debtor and without it, neither is possible, i.e., a valid judgment from a Court of competent jurisdiction must be obtained before it can be entered against the individual. The same is true for a wage garnishment and without it, a wage garnishment will not be issued.

So, in either case, the individual who claims you owe this money must sue you first. He will claim that the transaction was a loan and not a gift. You do not mention in which State the transaction occurred, so it is impossible to say which law would apply. However, your Answer to his Complaint must include, among other things, that it was a gift and not a loan. If the Plaintiff alleges that it was a loan, then you must raise and include in your written Answer and in your argument that the Plaintiff�s clam is barred by the Statute of Frauds which requires a writing to evidence the alleged debt/loan. If, by some remote chance, the Plaintiff produces a writing that could or might be interpreted by the Court as evidencing the debt, you must raise the defense of the Statute of Limitations and ask the Court to dismiss Plaintiff�s claim. If the transaction occurred in Maryland, then the Maryland law would apply. The Maryland Statute of Limitations on a debt based on oral and written contract is 3 years, in Pennsylvania it is 4 years. So, in either case, the Plaintiff�s case would be barred by the Statute of Limitations. I cannot stress the importance of raising affirmative defenses in your Answer and in legal arguments before the Court because if a Defendant fails to do so, he will be deemed to have forever waived them and will not be permitted to raise them for the first time on appeal.

Kindest Regards,

ANDREA G. TILLIS