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Jason Michael Rapa Esquire
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Jason Rapa’s Answers

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

    About 4 or 5 years ago my mother (now deceased) and I were served with papers regarding a vehicle I financed (she co-signed) that was repossesed. Apparently, the debt (approx $14k) was sold to a CACH, LLC. and are now represented by a law firm. Th...

    Jason’s Answer

    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.

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  • Car Dealership sold my son a unsafe vehicle, is there anything we can do?

    My son purchased a used car. The dealership told him it needed a wheel alignment and they would take care of it. The also told him they would give him a $200 voucher to take the vehicle in and get it detailed and cleaned, which they have not done ...

    Jason’s Answer

    While used car purchases are generally "As IS" meaning you take the car with any defects. Was the vehicle safety inspected by the dealership? If so you may be able to contact the Department of Transportation or State Police and have the dealers inspection license suspended or the dealership fined.

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

    got it from kfc chicken

    Jason’s Answer

    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.

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

    I HAVE A JUDGEMENT AGAINST ME FOR UNEMPLOYMENT OVERPAYMENT, CAN THEY PUT A LIEN ON MY WIFES HOME WHERE I AM ON THE DEED?

    Jason’s Answer

    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.

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  • 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?

    We went through a temp forbearance last year. In the middle of doing this we were hit with a tax paymnt totaling over $16, 0000. When we bought the property our taxes were figured in. After 7 years they realized we were only paying taxes on the ho...

    Jason’s Answer

    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 yours,

    Jason M. Rapa, Esquire

    POCONO OFFICE
    Rapa Law Office, P.C.
    141 S. 1st Street
    Lehighton, PA 18235
    (610) 377-7730
    * Please respond to this office*

    LEHIGH VALLEY OFFICE
    609 Hamilton Mall
    The Sovereign Building
    Allentown, PA 18101
    Toll Free (866)-740-6117

    email: jrapa@rapalegal.com
    website: www.rapalegal.com

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

    I live Philadelphia, PA. The credit card information has been removed from my credit report, but the collection agency is attempting to collect on the past debt. What are my legal rights, if any?

    Jason’s Answer

    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 communicate with you. If they continue to communicate with you, you should keep track of the calls and contact a consumer protection attorney.

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  • 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.

    This debt was accrued before our wedding. Im currently adding my name to the deed of the house. Most of our bank accounts are joint. There is currently a lien on her vehicle which is in her name. My wife has no verifiable income, only stated income.

    Jason’s Answer

    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.

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

    I have one crediy card that is in collections for $8,000.00. All of my other cards are current. That reason that this happened was that my husband is unemployed. I have never been in trouble before but I a living in fear. What can I do. I really d...

    Jason’s Answer

    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 collectors generally purchase debts after they have been in default for years.

    If the debt collector has violated the FDCPA you may be entitled to up to $1000, plus any actual damages sustained, as well as attorney's fees and costs incurred in prosecuting the debt collector for violations of the FDCPA.

    I would suggest contacting my office immediately to discuss your situation. We have offices in Allentown & Lehighton, PA. The consultation is free.

    Rapa Law Office, P.C.
    141 South 1st Street
    Lehighton, PA 18235

    Lehigh Valley Office
    Rapa Law Office, P.C.
    609 Hamilton Mall
    The Sovreign Building
    Allentown, PA 18102

    Telephone:
    610.377.7730
    Toll Free: 866.740.6117
    Facsimile
    610.377.7731

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

    If a debt collector aggreed to accept payments and send paperwork, then never sent it and a year later call demanding payment in full or 80% or they will take our refund, are we still responsible because they never sent the paperwork both times we...

    Jason’s 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 debt. A debt collector has no legal ability to take your tax refund and such statements are false and violative of the FDCPA. Contact my office to discuss. Free consultation. No Recovery No Fee.

    Rapa Law Office, P.C
    (610) 377-7730
    866-740-6117 Toll Free
    www.rapalegal.com

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

    I own nothing in my name and I am unemployed and no money in the bank. Should I respond with answer or do nothing and take default judgement? I disagree with the total amount of $3,700 and thought it was more like $2,500 of debt.

    Jason’s Answer

    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 judgment, causing them to win because you failed to respond.

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