- Child SupportOn April 28, 1998, the Superior Court of Pennsylvania, before Justices Cavanaugh, Ford Elliot, and Chief Justice Cercone reversed the lower court and reinstated our client's child support in accordance with her contract. The court ruled that the Common Pleas Court erred in not upholding our client's marriage settlement agreement.
- Spousal SupportIf a creditor and you later have a dispute as to whether a debt was discharged, either of you can ask the court to make that determination for you and enter judgment accordingly.
- Criminal DefenseEach time a debt collector contacts you, he must give you what is know as a "Mini-Miranda Warning" This warning received that name because it is reminiscent of the warnings that police should give you if you are arrested, however, "Mini-Miranda Warnings" have nothing to do with criminal law. A "Mini-Miranda Warnings must contain the following words (or words imparting this meaning)...
- DUI/DWIIf a creditor files a complaint and proves that your debt to them arises from fraud, breach of fiduciary duty, larceny, embezzlement, defalcation or a material lie on an application for credit, a drunk driving accident restitution for damage you caused, or for willful injuries you caused to another.
- FraudThere was a man, and probably just one man, as opposed to a company with many men, who decided the best way to collect internet "pay-day" loans (read, "scammy consumer fraud money death traps") is to invent a world where a U.S. state, Pennsylvania, to be exact creates a "title" to purchased bad debt, where judges "take money" from defendants in civil cases (I suppose they have one of those hands on a scissor extension, like in a Bugs Bunny cartoon), where closing your bank account alone amounts to a "bad check," where there are "federally recorded lines" (whatever that is...anybody?...anybody?), where you cannot pay a debt by a check or money, where not paying a payday loan is a felony called "s
- Theft
- Embezzlement
- Internet CrimesIf you do get an email like this, it should be reported to Google and to the FBI Internet Crime Complaint Center (IC3). This is true criminal thuggery by an off-shore criminal element. Don't fall for it!
- ExtortionFirst: The collector used the word "steal." Stealing is a crime. Borrowing money and not being able to pay it back is not now and has never been a crime in the United States. Threats to bring criminal action is a major violation of the FDCPA and may well be criminal extortion itself.
- Employment Contract
- Personal InjuryOur office is skilled in handling all types of personal injury claims, from major injuries to an injury-causing fender-bender. We have handled medical malpractice, slips and falls, industrial accidents and all types of automobile collisions (vehicle-vehicle, vehicle-pedestrian, vehicle-child, etc.) On our is staff is Rae Todaro, M.D., J.D., a physician/attorney, one of only several thousand in the entire country! Dr. Todaro reviews all medical records and "de-encrypts" them for the client.
- Medical Malpractice
- BankruptcyDisclaimer: This page is intended neither as legal advice, nor does it create nor attempt to create an attorney-client relationship. The person viewing this page is admonished that an attorney-client relationship may only be created with the express consent to the parties to it. Bankruptcy law is complicated and these "FAQ's" should only be used to give the reader a preliminary introduction to Chapter 7 law. As always, the reader should consult with bankruptcy counsel before taking any action in this regard. Mr. Rubin does provide free initial consultations regarding bankruptcy matters in Pennsylvania. Mr. Rubin is licensed to practice law in PA, NJ & NY (inactive in NY). Referrals can often be made to attorneys in other states. Call Mr. Rubin at (610) 565-6660. Revisions are marked as such.
- ForeclosureChapter 7 is a way to legally discharge, or cancel your indebtedness. Chapter 7 gives you a fresh start on your economic life within certain limitations (see below). A person cannot file a Chapter 7 more than once every 8 years and certain types of debts are not dischargeable (also see below). Chapter 7 is not for everyone. For example, it is not for people who run up their credit cards with the intent of shortly thereafter going into bankruptcy. Likewise, it is not for people who charge much more than they could ever pay just to discharge those debts. It is likewise not for anyone who basically acts in a dishonest or fraudulent manner. It is for the honest debtors, who, for circumstances they cannot control, find themselves overwhelmed in debt. It is not required that the debtor prove that he did not make errors in judgment. However, it is possible that the debtor, if challenged (which is rare), show that errors were not fraudulent. Chapter 7 is also not for someone trying to save his house from a mortgage foreclosure. Generally, if you are about to lose your home for any reason, a Chapter 13 should be filed. Further, Chapter 7 is not for someone with the ability to make some reasonable payment on a month basis to unsecured creditors. For instance, if your budget would allow you to pay ten cents on a dollar to creditors, you should generally file a Chapter 13 instead.
- Debt CollectionA federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA"), 15 USC 1692, gives you specific legal rights to sue debt collector who in the course of collecting a debt, unlawfully threatens, berates, intimidates or harasses you; calls you during odd hours, makes false representations about the debt or their intentions, or otherwise acts in ways proscribed by the act (and their are many). False statements may include (and this list is just a small example) threats to...