Legal Question in Civil Litigation in Pennsylvania

I repaired an antique piece of furniture for client; Did not promise to be done by certain date; took over 2 years, now client wants furniture but does not want to pay due to delay. He hired lawyer, will sue if I don't turn over furniture. $2500 is due. Can he do this?


Asked on 12/04/09, 11:13 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

In Pennsylvania you can sue almost anybody for anything. He would have to file an action for replevin. Asking the court to order you to give back the item. The bad news for your client such actions have to take place in Common Pleas Court not the DJ. DJ's lack subject matter jurisdiction. The good news is when you are sued you can ask for the $2500 owed. The not so good news is you will need a lawyer. The procedures is Common Pleas Court are generally beyond the ability of a non-lawyer.

{John}

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Answered on 12/09/09, 11:51 am
William Marvin Cohen, Placitella & Roth, P.C.

John covered the legal aspect. At the practical level, he's doesn't really expect a free repair, he's negotiating. If I had that much invested in an antique and repair, I'd be upset that it took two years. Was he contacting you during that time to ask why it was taking so long? Although no time period was stated, he can argue a reasonable time is implied in such a contract, and if the judge buys that, it would be awfully hard to show that two years is reasonable for a furniture repair.

I guess keeping him as a happy customer would be a lost cause. But you might want to make a counter, say $500 or $700 off, and be prepared to take half.

(he could pay under protest and sue in small claims without a lawyer, also). Legal fees in Common Pleas could easily exceed $2500.

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Answered on 12/09/09, 11:59 am


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