Jason Michael Rapa Esquire’s Answers

Jason Michael Rapa Esquire

Lehighton Bankruptcy Attorney.

Contributor Level 7
  1. Collection agency is attempting to collect on debt that over 10 years old. Will I have to pay the collection agency?

    Answered about 5 years ago.

    1. Daniel Edward Mueller
    2. Jason Michael Rapa Esquire
    3. James P Castranova
    4. Mark Hankins
    4 lawyer answers

    The Pennsylvania statute of limitations would be 4 years and long since expired so long as you have not continued to make payments. I would suggest sending a certified letter to the debt collectors advising them that the statute of limitations on the debt has expired and that you refuse to pay the debt. Pursuant to the Fair Debt Collection Practices Act (FDCPA – a federal law regulating debt collectors), your written refusal to pay the debt prohibits the debt collector from continuing to...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  2. Do i have a legal case i found a baked fly in my food from kfc

    Answered almost 2 years ago.

    1. Jason Michael Rapa Esquire
    2. Robert C. Keller
    3. Inga L Stevens
    3 lawyer answers

    You could have a cause of action if you have sustained an injury as a result of the fly being discovered in the food, but it is highly unlikely that any Court will award you damages for simply seeing the fly in the food. If you ingested the fly and became ill as a result of ingesting the fly you would have a much better case. Any damages alleged will require medical records to back them up.

    1 lawyer agreed with this answer

  3. Can a person be charged with credit card fraud for being deep in debt?

    Answered about 5 years ago.

    1. Jason Michael Rapa Esquire
    1 lawyer answer

    Being unable to pay debts incurred in one's own name is generally not credit card fraud. The obtaining of credit cards under someone else's personal information without their knowledge would constitute fraud/identity theft. The inability to pay one's financial obligations is not a crime.

    2 lawyers agreed with this answer

  4. What are my options? I don't want to file bankrupt unless necessary but I can't afford $100 per month.

    Answered almost 2 years ago.

    1. Jacques H. Geisenberger Jr.
    2. Stephen M. Dunne
    3. Jason Michael Rapa Esquire
    3 lawyer answers

    It sounds like the attorney for CACH, LLC obtained a judgment against you and that you entered into a voluntary payment arrangement. If there is a judgment, then CACH, LLC can levy personal property via Sheriff Sale. Pennsylvania provides for exemptions to protect personal assest but these exemptions are extremely limited. If you have limited income and limited assets, bankruptcy may be your best course of action.

  5. CAN A LIEN BE PUT ON A HOUSE WHERE I AM ON THE DEED, BECAUSE OF OUTSTANDING DEBT

    Answered over 2 years ago.

    1. Alfred M. Abel
    2. Gregory Thomas Artim
    3. Charles Anthony Rick
    4. Jason Michael Rapa Esquire
    4 lawyer answers

    The answer to your question really depends on how the title to your home is held. Does the deed to your home contain both your name and your spouses name? If so, then the judgment cannot become a lien against your home. If you do not own the home jointly with a spouse, then yes the judgment can become a lien against your home.

  6. We are in Bethlehem, PA & we have a sheriff's sale date of 7/27. What are my options in PA to try to save our home & how long?

    Answered almost 3 years ago.

    1. Jason Michael Rapa Esquire
    2. Jose Constantino Campos
    3. Michael David Recchiuti
    3 lawyer answers

    A bankruptcy will stay the Sheriff sale, provided that you have not previously filed and had your bankruptcy case dismissed. A chapter 13 bankruptcy may allow you to keep the home provided that you can make the current principal, interest and escrow payments in addition to a plan payment which will consist of the mortgage arrears divided over a period of 36-60 months. Should you wish to discuss this matter further please feel free to contact me by telephone at (610) 377-7730. Very truly...

  7. My wife is being sued by a credit card company. What do I need to do to protect our house and bank accounts? We live in PA.

    Answered about 5 years ago.

    1. Jason Michael Rapa Esquire
    2. Theodore Lyons Araujo
    2 lawyer answers

    I will have to respectfully disagree with the previous response as marital assets in Pennsylvania cannot be attached unless judgment is entered against both husband and wife. I would strongly suggest retaining an attorney to defend the debt collection suit. In many instances the debt collection lawsuits are riddled with evidentiary problems for the credit card company which makes it difficult for them to meet their burden of proof an succeed in obtaining a judgment.

  8. I have an 8,000 credit card debt that collectors are threatening to file a judgement against me.

    Answered about 5 years ago.

    1. Jason Michael Rapa Esquire
    2. Shawn B Alexander
    2 lawyer answers

    Debt collectors often threaten suit without the intent or legal authority to do so because it is an extremely effective collection tactic. This tactic is also in violation of Federal Law. The Fair Debt Collection Practices Act (FDCPA) regulates debt collection conduct and specifically prohibits threats of legal suit when the debt collector does not have the intent to file suit or the legal authority to do so. Debt collectors can only file suit against you if they own the debt. Debt...

  9. Collector offered to accept payments now refuses to and wants paid in full.

    Answered about 5 years ago.

    1. Jason Michael Rapa Esquire
    1 lawyer answer

    If you have never received a signed agreement it will be very difficult to enforce the settlement offer. As a consolation prize you may be entitled to receive up to $1000 plus any actual damages incurred, as well as attorney's fees and costs if the debt collector has threatened to take you tax refund. A federal law, the Fair Debt Collection Practices Act (FDCPA) regulates debt collector conduct an prohibits debt collectors from making false or deceptive statements in attempting to collect a...

  10. I have been sued for $3,800 of credit card debt sold twice and owned by a law firm.

    Answered about 5 years ago.

    1. Jason Michael Rapa Esquire
    2. Gary D. Nitzkin
    2 lawyer answers

    I would strongly suggest hiring an attorney to defend you. If the debt has been sold multiple times the Plaintiff will likley be unable to meet their burden of proof causing their claim to fail. In some instances the debt collection comapnies and attorney's may be liable to you for damages under Federal Law (Fair Debt Collection Practices Act). Find an attorney quickly as procedural response deadlines are running and could result in the debt collection attorney filing for a default...

610-377-7730