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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25366
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I lent a friend of mine $2,652 so she could pay her taxes

Customer Question

I lent a friend of mine $2,652 so she could pay her taxes while she was unable to work fighting cancer. She told me she was going to sell her gun collection and pay me back in two weeks. She is now in hospice and doesn't remember but I have a certifed check I gave her and she signed a statement saying I lent it to her and she will pay me back. I filed a civil complaint with the district court in Pennsylvania. My friend owns three properties in Pennsylvania but is going through a divorce. Do I need a lawyer or is it possible to just put a lien on her properties after she passes
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: I have a check and statement filed with local magistrate
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 2 months ago.
Thank you. Do I need to retype my question
Expert:  LegalKnowledge replied 2 months ago.

Good morning. I am sorry to hear about what you are going through. In order to place a lien on a property, you must first get a judgment. If the judgment is not paid and satisfied, the lien could be placed to secure the judgment, so when the property is sold, you would get what you are entitled to. As such, you still need to proceed with the lawsuit and show and support that the money is owed and get a judgment. If she were to pass, you would then have to go after the estate, to pay you what you are owed.

Customer: replied 2 months ago.
my lien at local magistrate would have to be filed twice after she passes I need to file again
Expert:  LegalKnowledge replied 2 months ago.

I am not sure I understand what you have done so far. Can you clarify? Is there a lien on her property now?

Customer: replied 2 months ago.
What happens when she can't show up in court because she is so ill
Customer: replied 2 months ago.
I filed a claim in civil court with local magistrate
Expert:  LegalKnowledge replied 2 months ago.

If she fails to appear or even respond to the lawsuit, she will get defaulted and you will obtain a judgment. Of course, if she is ill and you know she is not able to respond, this may be viewed as bad faith and down the road, the judgment may be vacated, if it can be shown that her illness was known and the lawsuit was filed, knowing she could not respond. If you disclose this to the court, at some point, it could be on the record, so the Judges decision may stand, if someone tried to come back.

Customer: replied 2 months ago.
should I wait till she passes
Customer: replied 2 months ago.
Should I go to a lawyer now and file or wait till she passes
Expert:  LegalKnowledge replied 2 months ago.

I think it is best that you retain counsel and have them represent you and your legal interest, so they can proceed in a way that is 1) in your best interest and 2) allows you the greatest chance at recovery. I say this because if you sue now and she passes, you will still have to go after the estate to get paid and the attorney will be better prepared to handle this.

Customer: replied 2 months ago.
Do you have local lawyers for milford pennsylvania
Expert:  LegalKnowledge replied 2 months ago.

Here is a link from the bar, that provides referrals.

http://www.pabar.org/site/public/lrsblurb.aspx

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 2 months ago.
Should I seek a lawyer before she passes
Expert:  LegalKnowledge replied 2 months ago.

Yes, certainly. It is in your best interest to do so

Expert:  LegalKnowledge replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!