Tenant Wage Attachment, a Rarely Used Landlord Remedy

Being a landlord can be a very rewarding investment if you have great tenants that pay on time and take care of your property. When the wrong tenant moves in, however, if can be a nightmare. If you've ever had a tenant not pay, you probably know how things usually go. You give notice, file a complaint with the local District Justice, follow all of the required procedures to evict the tenant and get a judgment. It doesn't take long to realize this judgment is only as valuable as the tenant's ability to pay. In addition, trying to track down the tenant to collect on this judgment is costly and time-consuming. What you might not realize is a landlord in Pennsylvania can attach a tenant's wages directly from his or her paycheck to pay the judgment, but doing so requires planning at an early stage.

Pennsylvania law allows a landlord to attach ten percent (10%) of the net wages from a tenant's paycheck. The Prothonotary will contact the tenant's employer who will send the check for the attached wages to the Prothonotary, which passes on the money to the landlord and reduces the judgment.

Continue Reading...

Tips from a Lawyer for Choosing a Remodeler

Anyone who has remodeled their home more than once knows that it can be a roll of the dice. While there are many credible remodelers out there who will perform as promised and complete the job on budget, there are some who fall far short of those standards.

I have heard horror stories about this from some of my clients. In one case, a remodeler gutted a large portion of a client’s home and refused to continue on the job unless the client paid twice the amount that was originally agreed upon. I have also heard reports of shoddy workmanship, inflated budgets and, in some cases, remodelers who take a down payment and never show up. While such remodelers are in the minority, as a consumer it is important to take steps that will reduce the likelihood of selecting a bad remodeler.

One of the first steps is to check with Pennsylvania Attorney General’s website to see if the remodeler has registered as required under the Home Improvement Consumer Protection Act (the “Act”). The Act requires all persons or business entities that perform home improvement services to register, at which time they receive a registration number. Home remodelers are required to put that number not only on their advertisements, but also on any contracts they enter into with consumers. Thus, if the remodeler you are considering does not have a number or is not including it on their contracts and advertisements, you should be concerned.

Continue Reading...

What Happens if you Die without a Will?

Estate planning is something most people know is important but it's often something that they put off for a later date, likely because it brings with it unpleasant thoughts about disability and death, but also because of misconceptions about what happens if you die without a will. Some people think that if they die without a will their property will automatically pass to their spouse, which is what many people want, and for that reason they don't think a will is necessary. Others think that if they don't have a will the state will take all of their property. Both of these scenarios are usually not true.

The reason a will is so important is that it allows you to do two very important things: (1) decide what happens to your property, and (2) decide who is in charge of managing your estate. 

What Happens to Your Property Without a Will?

If you don't have a will your property which is subject to probate will pass "intestate." Probate property does not include insurance policies, pensions or property owned as "joint tenants." If you die without a will, the law decides who gets your real and personal property rather than you.

Continue Reading...