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Arkady Rayz

Arkady Rayz’s Answers

299 total


  • Isn't my case closed after judgement of non pros?

    sent my landlord 10 day notice that I would be filing a praecipe judgment non pros, because he didn't file a complaint, but instead of him doing so he files a petition for emergency eviction instead. I wait the time frame anyway, file the praecipe...

    Arkady’s Answer

    Although an entry of a judgment non pros would make the petition moot, I would nevertheless call the prothonotary to confirm whether this judgment was, in fact, entered and whether the hearing has been cancelled. If the hearing is still scheduled, I would come to court and explain to the judge that a judgment in your favor has already been entered.

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  • Sba loans statute of limitations

    Recently I received a letter from SBA regarding a personally guaranteed SBA loan with a due date of 08/01/2008, now I have 60 days to respond. Since it was more than 6 years ago. Can I cite the 6 year federal statute of limitations in response ...

    Arkady’s Answer

    In order to determine which statute of limitation applies (e.g., the appropriate jurisdiction and length), you have to review the applicable loan documents.

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  • Where do I need to find an attorney from, Maryland or Pennsylvania?

    I have been denied long term disability, appealed, and was again denied. Worked in Maryland, I live in Pa.

    Arkady’s Answer

    You may want to consider hiring an attorney who is admitted to practice in both states - Pennsylvania and Maryland.

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  • Are there any lawyers in Wilkes Barre area that will accept payment plans?

    I have filed a complaint against my neighbor for harassment which is ongoing. She then filed one against me. She has now retained a lawyer . I am afraid that I will need one also and I don't have the money up front. I really need help. This wo...

    Arkady’s Answer

    If you are looking for an attorney in your area, you should contact the local bar association.

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  • Bayview required for me to have an exceeding amount in my escrow account do I have a legal right to sue?

    Bayview Loan Servicing required for me to have an exceeding amount of $3,185.00 in my escrow account, which caused my monthly mortgage payment to increase. At this time, I was current on my payments, my taxes had decreased, and my insurance remai...

    Arkady’s Answer

    I agree with the earlier response and would only add that you should have an attorney look over the mortgage documents as soon as possible.

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  • Do I really need a real estate lawyer?

    My wife and I have been looking at buying houses. She claims we need a real estate lawyer but I thought all we needed was a broker to work on the deal. What types of situations would require an attorney in addition to a broker/agent?

    Arkady’s Answer

    Generally, if the transaction is not complicated (e.g., if it does not involve a foreclosure, a land purchase, or significant construction), you will not need an attorney and can utilize the services of an experienced real estate agent.

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  • Tuition debt from 2006. I paid it then, and due to the school's error, it is still listed as owed. Now has gone to collections.

    I have a tuition debt from a private college in PA from 2006. I paid in full at the time. There was a change in staff at that time in their accounting office, and in the change, the fact that I paid the debt somehow disappeared. My wife and myself...

    Arkady’s Answer

    I think that you should discuss your situation with an attorney - it is difficult to answer your questions without reviewing the loan documents.

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  • If I have not received a Mortgage Statement (bill), am I required to pay ?

    I have notified by phone numerous times to service provider that we have not received a statement in 3 months including most recent bill. They said they would send copies but have not. Address has been confirmed. I sent payment 2 of the 3 months w...

    Arkady’s Answer

    Your situation certainly sounds strange. I would not withhold payment, because you are not getting the monthly statements (especially, if you know the monthly amount due).

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  • I would just like to know how much it usually ranges to hire an attorney for a appeal with the Supreme court for a misdemeanor?

    I am just wondering the average range of which I should pay and also if any of you handle this type of case?

    Arkady’s Answer

    This is something that is very difficult to estimate. Essentially, you are looking for an attorney who is familiar (or even specializes) in appellate law, as well as criminal law. Unfortunately, there are not too many lawyers who are good in both fields, because they require different skill sets. Moreover, appellate work depends on the complexities of a particular case, which is why appellate attorneys charge on an hourly basis. Nonetheless, you may be able to find someone, who will agree to a "flat fee" arrangement (but not before that attorney reviews the facts of your specific case). But, I would note two things. First, expect to pay a "premium" for a good appellate counsel. Second, you must act quick, because the time to file an appeal tends to run out quickly.

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  • I received a Writ of Execution in PA. When does the Sherrif act on it. Does it include my bank account?

    I can pay it in a couple weeks. How can I delay it?

    Arkady’s Answer

    If you received a writ of execution, you should expect that a sheriff has already started to "act on it." To determine whether the writ covers your bank accounts, read it to determine whether any bank name is listed on the writ or you can call the sheriff's office directly. Finally, the easiest and fastest way to delay the execution is to contact the judgment creditor or the attorney who filed the writ to work out a payment schedule.

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