5 Things We Want To Tell the Jury...But Can't!
So here they are, the 5 things we really, really want to be able to tell the jury, but are not allowed.
Listen Now
May 15, 2023
Flaherty Fardo are experienced Pennsylvania debt collection attorneys. Debt collection is defined as the attempt to collect money owed from another party. Each state has different laws regarding the enforcement and collections of debts owed.
Our Pittsburgh law firm handles all types of debt collection cases throughout the entire state of Pennsylvania including:
READ TOP ARTICLE: The 5 Steps How to Collect Debt In Pennsylvania
The Pennsylvania debt collection process typically involves 5 steps.
The first step in any debt collection case should be to thoroughly examine the debtor and their assets. It is important to do pre-lawsuit investigations on websites such as Pennsylvania Corporate Name Search; Facebook and/or Linkedin.
You should also do a property record search on any county property assessments sites if possible, to see if the debtor owns any real property. For example, in Allegheny County, you can actually pay to search by owners last name.
In addition, a thorough search of all past and present lawsuits against the debtor should researched. If the debtor has a number of open lawsuits, then it makes little sense to waste time sending a demand letter. On the other hand, if the debtor has no lawsuits, or satisfies any pending lawsuits quickly, then a demand letter may avoid the cost and delays of litigation.
This research should always be done without alerting the debtor, if possible. This research not only aids in litigation if necessary, but can also become important later if the defendant refuses to voluntarily pay a judgment. It is best to have this investigation prior to contacting the debtor to avoid any attempts by the debtor to hide assets during litigation.
In appropriate cases, the next step is the demand letter. The demand letter can be the easiest and potentially the fastest way to get paid. A demand letter is typically sent by an attorney certified mail demanding payment of the debt.
There are federal and state requirements when demand letters are written from debt collectors, which mandate that the demand letter inform the debtor of the following:.
Demand letters are NOT a prerequisite to filing lawsuits in Pennsylvania. However, a well-drafted demand letter is a viable option for collecting pre-suit. Payment plans prior to filing suit can also help pay for the cost of the lawsuit if necessary.
Depending upon the circumstances, we typically set a 15 day notice to pay. If the demand letter does not produce payment, then legal action is usually necessary to collect the debt.
The purpose of a debt collection lawsuit is to get the ‘judgment’. A judgment is an official decree that a specific debtor(s) owes another party money. The judgment is filed as a public record and released to credit reporting agencies. The judgment also immediately acts as a lien against any real property owned by the debtor.
The process involves filing a complaint in civil action. If the defendant fails to respond in 30 days, a default judgment can be entered. If the defendant denies owing the money, then a hearing is held and an award is issued on favor of the prevailing party.
The defendant does not legally owe the money until proven in court and a judgment is entered.
Depending upon where the lawsuit is filed (i.e. magistrate, county arbitration, county general docket), there can be multiple appeals available for the defendant to delay payment. For this reason, there is strategy involved in deciding in what jurisdiction a debt collection lawsuit should be filed.
If a debtor still does not pay after a judgment is obtained, then the creditor must take appropriate legal action to enforce the judgment.
Once a creditor has a judgment, the next step is to collect the judgment.
Unless a debtor voluntarily pays, enforce of the judgment is necessary. In Pennsylvania, creditors can authorize the sheriff’s office to perform certain execution attempts on the debtors assets. These include:
Before any decisions are made on spending additional monies in executing, creditors may also take depositions and conduct written discovery concerning the debtors assets.
Once a judgment has been obtained, creditors are not obligated to satisfy the judgment until the full judgment, all applicable interest, and any and all court costs have been paid in full. Interest accrues on Pennsylvania judgments at 6% per annum from the date the judgment was originally filed.
If a debtor refuses to pay a judgment, and execution attempts have failed, creditors should be certain to revive the judgment every 5 years. If a judgment is not revived in 5 years, creditors may lose important rights in future attempts to collect the money owed. Judgments may be revived up to 20 years in Pennsylvania.
Pennsylvania debt collection includes collection of money owed from one individual or business to another. In order to collect debt in Pennsylvania, a creditor typically needs to obtain a money judgment first. This is a legal determination that money is legally owed. Once a judgment is obtained, a creditor then has certain legal abilities to enforce or execute on the judgment in order to get paid.
If you or your business is owed money, there is typically a 3-step process to Pennsylvania debt collection.
Step 1 is the demand letter.
There are federal and state requirements when demand letters are written from debt collectors. The demand letter typically includes:
Demand letters also often include a deadline by which to respond or pay.
Demand letters are NOT a prerequisite to filing law-suits in Pennsylvania. However, a well-drafted demand letter is a viable option for collecting pre-suit. Payment plans prior to filing suit can also help pay for the cost of the lawsuit, if necessary. If a demand letter does not produce payment, then legal action is usually necessary to collect.
Pennsylvania Debt Collection is a strategic game that requires skilled attorneys to collect. If you want to collect Pennsylvania debt, then most often a civil lawsuit is necessary. The process involves filing a complaint in civil action requesting JUDGMENT against the defendant (debtor).
If the debtor disputes the allegations of the complaint, then the defendant can file an ANSWER, AFFIRMATIVE DEFENSES, and/or a COUNTERCLAIM.
The defendant does not legally owe the money until proven in court and a judgment is entered.
Depending upon where the lawsuit is filed (i.e. magistrate, county arbitration, county general docket), there can be multiple appeals available for the defendant to delay.
There are strategic decisions to determining where to file and the most efficient way to collect. Although a money judgment acts as a lien on all real property in Pennsylvania, it does not guarantee payment of the debt. Most often, enforcement of the judgment is necessary.
The goal of the lawsuit is to not just obtain a money judgment, it is to collect the money owed. To collect on the money judgment, sometimes it is necessary for creditors to force a sheriff sale of personal property, real property, vehicles and/or assets of the debtor. Also, seizing a bank account can be the most effective way to collect your money. Pennsylvania is a debtor friendly state because marital property is exempt and wages cannot be garnished (absent very limited circumstances). Please read more below on How to Enforce Pennsylvania Judgments.
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
Most debt collection cases stem from a breach of a written or oral agreement or contract. The statute of limitations for breach of contracts in Pennsylvania is 4 years from when the party knew, had reason to know or should have known of the breach. Accordingly, payment of a debt can toll or extend the statute of limitations from the time of the last payment.
The answer is you may not ever know until you try. You can do background checks to determine assets, vehicles, bank accounts etc. However, Pennsylvania debt collection is not a game of certainty. Many times, we will collect debt on cases we thought may be difficult, and other times individuals with plenty of cash are able to avoid debt collection.
The keys to collecting are patience and consistency. Once you obtain the money judgment, you need to be smart about how much you will pay in attempting execution on the judgment and about what other options are available.
Each case is different, but more often than not, debt can be collected if the party remains persistent. Also, it is critical to do pre-lawsuit investigations on websites such as Pennsylvania Corporate Name Search; Facebook and/or Linkedin.
Debt collectors in Pennsylvania include both attorneys and non-attorneys. Most Pennsylvania debt collection attorneys offer services on hourly, flat fee, and/or contingency fee arrangements (meaning they do not get paid unless they collect). Depending on the specifics of the case, we offer hourly and/or contingency fee arrangements for our clients.
Depending upon the age and/or amount of the debt, most contingency fees range between 25% to 50%. Many collection firms will charge clients 50% of the debt recovered, and then hire law firms at 25%. Most clients who are owed money are better off hiring attorneys directly.
If you are considering hiring a debt collection lawyer, you should inquire about all three type of debt collection fee agreements.
Getting a Pennsylvania judgment is not enough to collect on a debt and money owed to you or your business. Obtaining the judgment is only one step in the Pennsylvania debt collection process. Most attorneys can obtain judgment against debtors and defendants who do not respond to lawsuits. This is called the default judgment. Obtaining the judgment is usually the easiest part of the debt collection process.
Pennsylvania debt collection means understanding Pennsylvania sheriff sales.
The next step is executing upon the judgment. Pennsylvania does not allow wage garnishment except in certain landlord / tenant cases and only skilled Pennsylvania Debt Collection attorneys know what to do after the judgment is entered.
Many attorneys, businesses and individuals have relied upon the expertise of our Pittsburgh law firm in collecting judgments they were all unable to collect.
There are limited options in Pennsylvania to enforce and execute upon judgments. Basically, Pennsylvania creditors have 5 options:
Each Pennsylvania county has different local rules for enforcing and executing upon judgments.
Choosing the best execution strategy is important so as not to waste client’s money. The last thing most of our clients want to do is throw good money at bad money. Skilled Pennsylvania collection attorneys also need to understand how marital property and claims for exemption can affect execution of judgments.
We often perform crucial discovery in aid of execution, including interrogatories in aid of execution and depositions in aid of executions to best ascertain the financial solvency of the debtors. This experience in executing and enforcing upon judgments gives our clients the best advantage for collecting their money owed.
You need an experienced Pennsylvania debt collection attorney if you are going to collect on a judgment in state or out of state. We fully evaluate the possibilities of bankruptcy, claims for exemptions, and the ability to hide assets in every case.
We offer free consultations at all levels throughout the litigation process, and we are often eager to assist in enforcing judgments, which have already been entered. We are also able to assist with judgments entered in Pennsylvania magistrates’ offices. There is a distinct process for entering magistrate judgments with the county courts and you need experienced debt collection attorneys to collect.
For a free consultation call Noah Paul Fardo, Esq. or Shawn T. Flaherty, Esq. at our offices at 412.802.6666 or toll free at 1.877.744.3476.
Flaherty Fardo, LLC takes extreme pride in its ability to collect Pennsylvania debt and money owed for both individuals and businesses. Our clients consist of:
When the collection agencies cannot collect a debt, they call our Pittsburgh law firm for help.
Since 1999, we have helped creditor’s recover monies and debts for student loans, defaulted mortgages, and everyday account receivables including money loaned. We are also experienced in enforcing Pennsylvania judgments.
These days, small business owners cannot afford not to be paid for their goods and services. We have helped our business clients engage in pre-litigation, litigation and post-litigation strategies, including repossession, seizure of bank accounts and sheriff sales of personal and business property.
There are times for filing suit in collections and there are times to negotiate. We help our clients make the best overall business decisions to collect their money fast. Our experience as Pennsylvania debt collection attorneys has helped us collect for all types of individuals and businesses.
We are skilled at tracking defendants and their assets. Our computer research allows us to track individuals, corporations and to inventory their assets. We routinely hire skilled private investigators to research the location of assets, vehicles and bank account information. When debtors hide, our hired investigators find them. We have personal items repossessed and will authorize the repossession of vehicles in appropriate cases. We collect large sums of money by garnishing and seizing bank accounts.
We are also aggressive litigators if need be. Debtors lie. If you are going to collect debt in Pennsylvania, you are going to be lied to. It takes experience in dealing with debtors, to understand when they intend to pay versus when they are misleading you. We can be compassionate if it makes sense for our clients. This is fine line that only experienced Pennsylvania debt collection attorneys understand.
Yes. We offer legal services in every county in Pennsylvania and have the knowledge, skill and expertise to collect debt from even the most difficult debtors. We spend considerable time ensuring that we are familiar with the local rules of each of the 67 counties in Pennsylvania so that our national clients do not need more than one law firm in Pennsylvania.
Our current national clients, including large banks and student loan agencies, have trusted us for over a decade to collect their outstanding debt and monies owed. We keep clients because we produce results.
We offer our aggressive services on a contingency basis, hourly basis, and/or a flat fee depending on the prospects of collection and the wealth of the defendant debtor.
Yes. Flaherty Fardo, LLC works with law firms and collection agencies all over the United States in transferring judgments and in collecting Pennsylvania debt. We have assisted law firms from all over the country including Texas, California, Arizona, Florida, Maryland, Ohio, West Virginia, Colorado, and Michigan in collecting Pennsylvania debt.
We act as general counsel for the entire state of Pennsylvania for student loan agencies, banks and mortgage companies. Out of State law firms have relied upon our collection law experience and consistency in handling their Pennsylvania debt collections since 1999. We take each and every debt collection case seriously, and will often stay on cases for years, renewing the judgments after 5 years, if necessary.
Yes. We offer reasonable contingency fees to ensure that out of state law firms and collection agencies are able to profit as well through our efforts. When contacted by out of state law firms, we realize that their reputation is also on the line. The out of state law firms also have clients to answer to.
We also believe that out of state law firms making the referral should profit by the referral. This method and belief has helped us form relationships all over the country and has led to a number of additional referrals for our Pittsburgh law firm. We offer free consultations and will gladly research the debtors assets free of charge before discussing potential representation.
Yes. Flaherty Fardo does offer free consultations on any and all Pennsylvania debt collection cases. It is common for us to talk and consult with potential clients to help them understand the debt collection process in PA and to decide whether our debt collection and/or litigation services make financial sense for the client. Free consultations can be made by calling our office or emailing us at info@pghfirm.com.
Past success does not guarantee future results, but does demonstrate our experience and knowledge as successful Pennsylvania trial attorneys.
This litigation case involved helping to domesticate one of the largest money judgments in Lawrence County, Pennsylvania. Ultimately we prevailed and won a judgment against the defendant in the amount of $12,500,000.00.
This case involved a property dispute between two landowners. Initially, our client was sued and hired us to defend them. We advised that counterclaims should be filed. After a multiple year contentious litigation, the case was finally resolved by our client being compensated in the amount of $500,000.00.
This was a real estate litigation case concerning market value of an eminent domain taking. Eminent domain is often defined as the power of the federal, state or local government to take private property and convert it into public use. Property owner was eventually awarded in excess of $650,000.00.
"I had the good fortune of hiring Jaclyn DiPaola to recover a $7,000 deposit that did not services as promised to my firm. She recovered the full amount. She was professional as to the law as the proper sets that we needed to follow, knowledgeable as to the process that we needed to follow. Jaclyn was responsive in the fact when the other party did not send the check as promised, she followed and demanded same day wire. I would hire her again without hesitation."
"Jaclyn DiPaola Helped us with a tax issue, she was very helpful and always responded quickly. I would highly recommend her and her firm."
"I cannot say enough good things about Mr. Fardo and his handling of my legal issues. He is in constant contact letting me know of any new developments. His professionalism and tireless preparation have made a difficult time much smoother to deal with. When you truly feel as if your attorney has your best interest at heart, it becomes very easy to step back and allow them to do their job. From very early on in my meetings with Mr. Fardo, he had my complete trust. He is trustworthy, has a great command of the law and is tenacious...in short, everything I had hoped for when I chose my lawyer."
"I have used Attorney Fardo as an attorney for over 10 years for personal and professional matters. In my professional career I have had dealings with dozens of attorneys. I chose to use Noah Fardo because of his accessibility and common sense attitude. Noah advises me on many issues and is always willing to listen, understand and recommend a course of action. It's a comfort to know that I can pick up the phone and talk to noah in person whenever the need arises unlike many law firms."
"Had a small employment case, and Noah handled it with tenacity. He gave me updates about twice a week and what he said would happen in the beginning is exactly what played out. He acted as a true advocate and was worth every penny."
"I've had the pleasure of knowing Noah Fardo for more than ten years. Over time he has represented me on a number of matters. Noah is conspicuously bright and exceptionally knowledgeable. That said, his best asset is his moral compass. Noah is a genuinely good person and can always be relied upon to do the right thing for his client. I enthusiastically recommend and endorse Noah Fardo."
"Attorney Fardo was extremely knowledgeable and helpful in regards to estate planning for my grandmother. He was able to assist my family with many complex issues and saved us a substantial amount of money. I would definitely retain his legal services for other issues that may arise in the future and would highly recommend him to anyone seeking legal counsel."
"I required Noah's services for a property tax appeal as well as a shareholder labor dispute with a former company. I found Noah to be well accessible, sensitive to my needs and concerns and focused on doing what is best for me - the client. I found Noah to be very aggressive with my case while staying ethical in the process. I would highly recommend Noah Fardo and his firm."
"I have known and worked with Noah Fardo for years. He has always been extremely professional and goes the extra mile for everyone. His work ethic and passion are second to none. His firm has always kept me well informed every step of the way. I couldn't be happier with his work and I highly recommend Noah and his firm."
"Noah has not only represented me in the past, but, as a fellow attorney, I never hesitate to make referrals to Noah. He is very professional, does an excellent job, cares about his clients, and responds promptly to calls and concerns of both current clients and prospective clients."
"NOAH HAS BEEN A GREAT ATTORNEY AND FRIEND FOR THE LAST 10 YEARS. HE ALWAYS LISTENS AND IS EASY TO TALK TO. HE TREATS MY FAMILY AND I LIKE WE ARE APART OF HIS FAMILY. THE STAFF AS WELL IS ALWAYS HELPFUL AND KIND."
"I currently reside in NC, and every time I require an attorney, I find myself comparing them to Noah. PA is lucky to have him. In terms of litigation, you can't find anyone better."
"Mr. Fardo is one of the few attorneys left who properly charges you for his time. He has never overcharged me, he stays focused even though he has many cases going on at one time. His staff is very professional and knowledgeable. I would absolutely recommend Mr.Fardo to anybody."
"We were referred to Noah of which became a blessing for us. It's sometimes an uneasy feeling working with someone you don't know. Noah made us feel very comfortable and yet held that professionalism needed to give us the confidence we needed in him. He kept us informed of every aspect of the case and at times we would have never expected we would receive Emails from him. He is extremely considerate of not only the party he is representing but others as well. All of the Ratings above do not fulfill the feelings we have for Noah. If you need an Attorney, this is the Man you WANT."
"I have had three lawyers prior to hiring Mr. Fardo. He has out done each and every other lawyer I have ever had. Great knowledge and very responsive. I have been with this Lawfirm for 15 years and they have helped me with all of my business and personal legal issues. Thanks Mr. Fardo"
"My firm provides business consulting services to the healthcare space. I have referred Noah and members of his team to many clients over the years. He provides the type of personal service that my clients demand of me. I appreciate the personal services and look at his team as an extension of mine."
"Noah was referred by a long time friend. He responded quickly and made me feel supported. My personal injury case was pursued and settled to my great satisfaction. Everything about our interactions was exceptionally professional. His practice includes a team of dedicated professionals and state of the art facilities. Scheduling of depositions, record retrieval, and video conferencing went conveniently and smoothly. This was the first time I needed a lawyer; I’m glad I met Noah."
"Noah and his team are the absolute best. They took a very painful time of my life and completely made it so much better. They are very respectful of your situation and always answered questions in a timely manner. I do not know what would have happened if it wasn't for Noah. I cannot express how thankful I am for Noah and his team. There cannot possibly be anyone better!!!"
"I’ve worked with Noah for over two decades and he has represented me in multiple cases, from civil litigation, tax issues, small business matters, to my divorce. He and his staff are very approachable and provide updates throughout the process. I have always felt very comfortable and at ease knowing that Noah is a simple phone call away for any of my legal needs."
"I’ve been with Noah for over 10 years. His firm has represented myself and my three corporations over the last 10 years. He has been the best lawyer I’ve ever been a client of. The personal attention to each case I get from him and his colleagues is remarkable."
"Attorney Fardo and his staff were responsive, available and walked me through the complex legal process in a simple and compassionate way. Incredible team!"
"Working with Noah I’ve appreciated his fair and practical approach to getting things done. He fears nothing and goes about his business professionally and effectively. His colleagues and staff are always caring and timely. I especially appreciated step by step explanations and details keeping me comfortable thru the legal events. Online documents are convenient and I will continue to call on Noah for my advice and legal needs. Thanks for all."
"I had the good fortune of hiring Jaclyn DiPaola to recover a $7,000 deposit that did not services as promised to my firm. She recovered the full amount. She was professional as to the law as the proper sets that we needed to follow, knowledgeable as to the process that we needed to follow. Jaclyn was responsive in the fact when the other party did not send the check as promised, she followed and demanded same day wire. I would hire her again without hesitation."
"Couldn't have asked for a better experience. They are a wonderful group who are efficient, patient, communicative and do their job very well.They kept me in the loop the whole time and were extremely helpful. I have used a different firm in the past and this was like night and day. If you are considering using Flaherty Fardo for your assessment appeal (or likely anything else they practice) then you found what you are looking for. A special thank you to Nicole who spearheaded my case and answered my never-ending questions. Top notch!"
"'Highly Recommended' just isn't enough praise. They are by far the best I have ever worked with. Professional, but beyond that their personal touch is exactly what a medical malpractice client or personal injury client needs. Noah Fardo is amazing, but the entire firm were great to us. I honestly can't thank Bill Rogel, Nicole Hauptman Amick, and Jaclyn Gibson enough. Thank you all."
I am an out of State client, over 1500 miles away, and through the 2 years of work on my case I never met anyone from the firm in person, yet they treated me like I lived down the street from the office.
I am very pleased with the professional teamwork, and their patience and timely responses to my requests and to the task at hand. They did all they could do to help with the difficult facts of my case, and I am pleased with the outcome. I would recommend this law firm to anyone with the assurance they would offer the same quality service to them as they did to me. Thank you Flaherty Fardo.
I Strenuously Object!, a riveting legal podcast brought to you by the Pittsburgh law firm Flaherty Fardo Rogel & Amick, is now in session. Be prepared for a mix of legal information, legal news, insight and analysis and obscure pop culture references, all served with a healthy dose of irreverence.
Free Allegheny County Tax Appeal Review