Susan Gibson Durant's Answers

PA debt collection laws

Not in Pennsylvania. But you may enter liens.

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PA civil procedure, procedure for filing a motion to vacate or set aside entry of default

Technically speaking, your daughter can represent herself, and sign on her own behalf. She does not need an attorney to defend herself. Representing yourself in court is referred to as appearing "pro se". That said, you have to have a reason to vacate or set aside a default judgment. Keep in mind that the credit agreement probably has a provision that says that the creditor (your daughter) must pay the credit company's attorney's fees incurred in trying to collect on an overdue debt. The...

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I live in PA and signed a non compete for one year. I want to make a job change. Can non competes be enforced?

Non-competes may be enforced. But that does not mean that you cannot make a job change within your industry. A non-compete is enforceable to protect an employer's good will, trade secrets and the like. But a non-complete is not enforceable to prevent you from accepting work from a competitor of your employer, if your potential new employment has no potential to cause no harm to your employer. By way of a very rudimentary example, if you were a cashier at one fast food restaurant, and signed...

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What is the process for responding to a summons and complaint received for an unpaid credit card

While I cannot speak to the specifics of procedure in HI, take a look at the papers with which you were served, to identify why you must go to court. 20 days is pretty short notice for a hearing. You can probably call the court clerk or court adminstrator to ask what is listed on the court calendar/docket in those 20 days. You can absolutely try to work out a payment plan with the lawyers identified on the summons and complaint. They would prefer to get paid.

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PA employment law, if I quit does employer not have to pay me

You have not provided much information. However, assuming that you are paid on an hourly or weekly basis, the law in Pennsylvania is that an employer must pay an employee for all time worked. Is the employer withholding money because you owe money to the employer (ie for a loan)? The employer has the right to set off any wages with monies that you owe the employer when you quit. However, if the employer is merely holding on to your wages because you quit without giving notice, this violates...

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PA state employment law, employee benefits, can employer prevent carryover of vacation

Assuming that you are not a unionized employee (subject to a collective bargaining agreement), the answer is generally yes. You have no absolute "right" to vacation time, or when it may or may not be used. Paid vacation benefits are discretionary with each employer. That said, the new policy cannot take away any vacation that you may have already earned, but I don't see that as a factor based upon the information provided.

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Am I entited to my severance pay???

It depends on whatever is contained in the writing. For example, if the writing states that you will not be entitled to severance pay under certain circumstances, then we would need to know the circumstances. If it is unqualified, then you have a right to compensation. Generally speaking, you cannot use an unemployment compensation decision in a lawsuit.

What can I do about a boss that is discriminating about doctor's appointments

Presumably the employer has an employee handbook or policy manual that describes what an employee should do if she feels that she is the subject of discrimination. The employer may not be aware of your mother's circumstances. Following the employer's procedures concerning any perceived discrimination should be a first step.

What are the PA landlord tenant laws regarding breach of lease

The first question should be 'did anyone break the lease?' Assuming that this is a residential property, and assuming that the tenant is not required to occupy at all times during the term of the lease, then the tenant did not breach the lease, so long as the tenant continues to pay rent and conform with all other lease obligations. Next - did the lease give the landlord the right to reenter and relet the premises if the tenant moved out? If so, then the landlord has to give notice and...

Can an employer hired as a manager of a retail store be forced to run the cash register

The short answer is yes. The employer can ask you to do almost any work-related task, as long as it is not illegal, violative of public policy or is not discrimatory. The fact that you are management does not mean that you cannot be asked to perform a task that is regularly performed by hourly employees. You state that you are over 40, suggesting to me that you might be protected/priveleged from performing cashiering tasks because of your age. However, you have not identified any fact that...