Pennsylvania Legal Questions & Answers
73 plain-English answers to common Pennsylvania law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Pennsylvania?
Pennsylvania appeals are filed with the County Board of Assessment Appeals; deadlines vary by county (typically August 1 or September 1 under 72 P.S. § 5347/5453.701). Counties…
- How does the lemon law process work in Pennsylvania?
Pennsylvania's Automobile Lemon Law, 73 P.S. §§ 1951-1963, presumes a lemon after 3 repair attempts on the same defect or 30+ cumulative days out of service within the first 12…
- How much of my wages can be garnished in Pennsylvania?
Pennsylvania broadly prohibits ordinary creditor wage garnishment. Under 42 Pa.C.S. § 8127, wages are exempt from attachment except for narrow categories: support, taxes, criminal…
- How do I file a mechanic's lien in Pennsylvania?
Subs must serve Preliminary Notice within 45 days of first work (projects over $1.5M) and Formal Notice of Intent at least 30 days before filing. File Lien Claim in prothonotary…
- What is the personal injury statute of limitations in Pennsylvania?
Pennsylvania gives 2 years for personal injury under 42 Pa.C.S. § 5524. Medical malpractice follows the same 2 years with a 7-year statute of repose (40 P.S. § 1303.513). Notice…
- How does small claims court work in Pennsylvania?
Pennsylvania Magisterial District Courts handle civil claims up to $12,000 under 42 Pa.C.S. § 1515. Filing fees range $55-$200. Attorneys are permitted. Appeals to the Court of…
- How do I set aside a default judgment in Pennsylvania?
File a petition to open or strike a default judgment under Pa. R. Civ. P. 237.3. To open you must petition promptly (typically within 10 days under Rule 237.3 for automatic…
- Who is liable if a dog bites me in Pennsylvania?
Pennsylvania uses a hybrid system: 3 P.S. § 459-502-A imposes strict liability for medical expenses only. For pain, suffering, and other damages, plaintiff must prove common-law…
- What can I do if I'm a victim of identity theft in Pennsylvania?
Pennsylvania grades identity theft from misdemeanor to first-degree felony under 18 Pa.C.S. § 4120 depending on loss. Credit freezes are free under federal law. The PA AG's Bureau…
- How does comparative fault work in Pennsylvania?
Pennsylvania follows modified comparative fault with a 51% bar under 42 Pa.C.S. § 7102 — a plaintiff whose negligence is greater than the combined negligence of defendants…
- How do I file a public records request in Pennsylvania?
Pennsylvania's Right-to-Know Law (65 P.S. §§ 67.101-67.3104) requires agencies to respond within 5 business days. Copy fees follow Office of Open Records (OOR) schedules. Denials…
- What is the statute of limitations for contract claims in Pennsylvania?
Pennsylvania imposes a 4-year SOL for both written and oral contracts under 42 Pa.C.S. § 5525. Sealed instruments enjoy a 20-year SOL under § 5529(b), and UCC sale-of-goods claims…
- What money in my bank account is protected from creditors in Pennsylvania?
Pennsylvania provides a $300 statutory wild card under 42 Pa. C.S. § 8123 plus complete protection for tenancy-by-entireties accounts of married couples. Wages are exempt under §…
- How do I appeal a denied Social Security disability claim in Pennsylvania?
Pennsylvania's Bureau of Disability Determination, within the Department of Labor & Industry, handles initial SSDI/SSI reviews from Wilkes-Barre, Greensburg, and Harrisburg…
Criminal (10)
- What are DUI penalties in Pennsylvania?
Pennsylvania uses a three-tier BAC system under 75 Pa.C.S. § 3802: General (.08-.099), High (.10-.159), and Highest (.16+). A first General Impairment DUI is ungraded misdemeanor…
- How do I expunge a criminal record in Pennsylvania?
Pennsylvania provides expungement under 18 Pa.C.S. § 9122 and limited-access (sealing) under Act 5 of 2016. The Clean Slate Act (Act 56 of 2018, expanded by Act 36 of 2023)…
- How do I get a concealed carry permit in Pennsylvania?
Pennsylvania has one of the simplest concealed carry processes. The License to Carry Firearms (LTCF) is issued by the county sheriff (or Philadelphia police chief) for ~$20-$25…
- What are the search warrant requirements in Pennsylvania?
Pennsylvania search warrants are governed by Pa.R.Crim.P. 200 et seq. A sworn affidavit must establish probable cause before an issuing authority. Rule 207 codifies…
- Can I legally record a phone call or conversation in Pennsylvania?
Pennsylvania is an all-party (two-party) consent state under 18 Pa.C.S. § 5703 et seq. (Wiretapping and Electronic Surveillance Control Act). All parties must consent. Violation…
- How does bail work in Pennsylvania?
Pennsylvania governs bail under Pa. R. Crim. P. 520-536, allowing ROR, unsecured, nonmonetary, monetary, and nominal bail. Preliminary arraignment must occur without unnecessary…
- How does plea bargaining work in Pennsylvania?
Pennsylvania plea procedure is governed by Pa. R. Crim. P. 590, which requires a written colloquy in most cases. Pleas may be guilty or nolo contendere; Alford pleas are…
- How do I sue police for misconduct in Pennsylvania?
42 U.S.C. § 1983 is the federal vehicle. Pennsylvania has not abolished QI and has no parallel civil-rights act. Sovereign and governmental immunity under 42 Pa. C.S. §§ 8541-8542…
- When can a private citizen make a citizen's arrest in Pennsylvania?
Pennsylvania has no general citizen's arrest statute. Common-law authority permits arrest for felonies committed in the citizen's presence or where a felony has actually occurred…
- What pretrial diversion or drug court programs exist in Pennsylvania?
Pennsylvania's flagship diversion is Accelerated Rehabilitative Disposition (ARD) under Pa.R.Crim.P. 300-320, primarily for first-time DUI under 75 Pa.C.S. § 3807, plus drug…
Employment (10)
- What is the minimum wage in Pennsylvania?
Pennsylvania's minimum wage remains $7.25/hour — the federal floor — under the Pennsylvania Minimum Wage Act of 1968, 43 P.S. § 333.104. The tipped minimum is $2.83/hour (PA's…
- How do I file a workers compensation claim in Pennsylvania?
Pennsylvania workers' comp is governed by the Workers' Compensation Act (77 P.S. § 1 et seq.) and administered by the Bureau of Workers' Compensation within the Department of…
- How do I file for unemployment benefits in Pennsylvania?
File online at uc.pa.gov or by phone with the PA UC Service Center. PA pays $68-$605/week for up to 26 weeks (2025), with a small dependent allowance. You need at least $116 in…
- What is wrongful termination in Pennsylvania?
Pennsylvania is an at-will state but recognizes a narrow public policy exception under Geary v. U.S. Steel (1974) and Shick v. Shirey (1998). The Pennsylvania Human Relations Act…
- How do I file a workers' compensation claim in Pennsylvania?
Notify your employer within 21 days (or no later than 120 days) under 77 P.S. § 631, and file a Claim Petition with the Bureau of Workers' Compensation within 3 years (§ 602)…
- Can I sue for wrongful termination in Pennsylvania?
Pennsylvania is at-will but recognizes a narrow public-policy exception (Geary v. U.S. Steel). PHRA (43 P.S. § 951) provides discrimination remedies, and the Whistleblower Law (43…
- What are my rights against workplace harassment in Pennsylvania?
The Pennsylvania Human Relations Act (43 P.S. § 951) is enforced by the PHRC and covers employers with 4+ employees, broader than Title VII's 15. PA applies the federal 'severe or…
- Can my employer drug test me in Pennsylvania?
Pennsylvania has no comprehensive private-employer drug-testing statute. The Medical Marijuana Act (35 P.S. § 10231.2103) protects certified patients from discrimination, but…
- Are non-compete agreements enforceable in Pennsylvania?
Pennsylvania enforces non-competes ancillary to employment when reasonably limited in duration, geography, and scope, and supported by valuable consideration beyond continued…
- How do I appeal an unemployment insurance denial in Pennsylvania?
Pennsylvania's Department of Labor & Industry (L&I) administers UI under 43 P.S. § 821 et seq. Appeals must be filed within 21 days of the Notice of Determination. Maximum weekly…
Family (9)
- How do I file for divorce in Pennsylvania?
Pennsylvania requires 6-month residency. No-fault divorce is available by mutual consent (90-day wait) or after 1 year of separation. File a Complaint in Divorce, serve your…
- How is child custody decided in Pennsylvania?
Pennsylvania custody is governed by 23 Pa.C.S. §§ 5321-5340 and decided on the best interest of the child using 16 statutory factors (§ 5328(a)). Custody is divided into legal…
- How does alimony work in Pennsylvania?
Pennsylvania has three distinct support obligations: spousal support (pre-divorce), alimony pendente lite (during the divorce action), and post-divorce alimony. APL and spousal…
- How is child support calculated in Pennsylvania?
Pennsylvania uses an Income Shares model under 23 Pa. C.S. § 4322 and Pa.R.C.P. 1910.16-1 et seq. The Basic Child Support Schedule (Rule 1910.16-3) sets the combined obligation…
- How do I get a marriage license in Pennsylvania?
Apply in person at any Pennsylvania Register of Wills / Orphans' Court office. Fee ranges $40-$90 (Philadelphia $90). Pennsylvania imposes a 3-day waiting period after application…
- How do I establish paternity in Pennsylvania?
Pennsylvania allows parents to sign an Acknowledgment of Paternity (AOP) under 23 Pa.C.S. § 5103. It is final after 60 days unless rescinded. Court actions proceed under 23…
- How does the adoption process work in Pennsylvania?
Pennsylvania adoptions are governed by 23 Pa.C.S. § 2101 et seq. A parental consent under § 2711 cannot be signed until 72 hours after birth and may be revoked within 30 days…
- Are prenuptial agreements enforceable in Pennsylvania?
Pennsylvania has not adopted the UPAA. Prenups are governed by 23 Pa.C.S. § 3106 and the seminal Simeone v. Simeone (1990) decision, which treats prenups as ordinary contracts…
- How do I get a restraining order in Pennsylvania?
Pennsylvania's primary order is the Protection From Abuse (PFA) order under 23 Pa.C.S. §§ 6101-6122. Non-family victims use the Protection of Victims of Sexual Violence or…
Housing (8)
- What are tenant rights in Pennsylvania?
Pennsylvania caps security deposits at 2 months' rent in year one (1 month thereafter), requires return within 30 days, mandates 10-day notice for nonpayment and 15-30 days for…
- What is the eviction process in Pennsylvania?
Pennsylvania requires a 10-day notice for nonpayment under 68 P.S. § 250.501 and 15/30-day notice for term breaches based on tenancy length. Landlord files at the magisterial…
- What must a home seller disclose in Pennsylvania?
Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. § 7301 et seq.) requires sellers of 1-4 unit residential property to deliver a written disclosure of material defects…
- How do I dispute a security deposit return in Pennsylvania?
Pennsylvania landlords must return the deposit within 30 days of move-out along with an itemized list of damages (68 P.S. § 250.512). Wrongful retention exposes the landlord to…
- How do I dispute an HOA assessment or fine in Pennsylvania?
Pennsylvania adopted the Uniform Planned Community Act (68 Pa.C.S. §§ 5101-5414) and the Uniform Condominium Act (§§ 3101-3414), both UCIOA-based. The association may record a…
- What is the eviction process in Pennsylvania?
Pennsylvania uses a Landlord-Tenant Complaint under 68 P.S. §§ 250.501-501.1. Notice is 10 days for nonpayment; 15 days (under 1 year) or 30 days (1+ year) for term breach or…
- What can I do if my landlord won't fix uninhabitable conditions in Pennsylvania?
Pennsylvania recognizes a common-law implied warranty of habitability under *Pugh v. Holmes*, 384 A.2d 1234 (Pa. 1979). Tenants may repair-and-deduct, withhold rent into escrow…
- How do I resolve an easement or boundary dispute in Pennsylvania?
Pennsylvania requires 21 years of adverse possession under 42 Pa.C.S. § 5530 (reduced to 10 years for certain small parcels under 2019 Act). Quiet title under Pa. R. Civ. P…
Estate (8)
- How do I make a valid will in Pennsylvania?
Pennsylvania requires the testator to be 18+ and of sound mind (20 Pa.C.S. § 2501). The will must be in writing and signed at the end by the testator (§ 2502). Pennsylvania…
- How do I create a power of attorney in Pennsylvania?
Pennsylvania has its own modified POA statute at 20 Pa.C.S. §§ 5601-5612, substantially revised by Act 95 of 2014 to incorporate many UPOAA features. POA must be signed by the…
- How does probate work in Pennsylvania?
Pennsylvania probate runs 9-18 months under 20 Pa.C.S. §§ 101-8815. Pennsylvania has not adopted the UPC. Small-estate settlement is available for personal property up to $50,000…
- Can I disinherit my spouse or child in Pennsylvania?
Pennsylvania grants a surviving spouse an elective share equal to one-third of the conveyed estate under 20 Pa.C.S. § 2203. Pennsylvania is a separate-property state. Children…
- How do I petition for guardianship or conservatorship in Pennsylvania?
Pennsylvania uses 'guardian of the person' and 'guardian of the estate' for both minors and incapacitated adults under 20 Pa.C.S. § 5501 et seq. Courts must impose the…
- How do I create an advance healthcare directive in Pennsylvania?
Pennsylvania's Healthcare Decisions Act (20 Pa.C.S. Ch. 54) authorizes living wills and healthcare powers of attorney in a combined form. Signature plus two adult witnesses…
- How do I file a quitclaim deed in Pennsylvania?
Pennsylvania quitclaims need grantor signature acknowledged before a notary (21 P.S. § 7); no witnesses required. Record with the Recorder of Deeds in the county where the…
- What is the homestead exemption in Pennsylvania and how do I claim it?
Pennsylvania's creditor homestead is only $300 (42 Pa.C.S. § 8123) — among the lowest nationally, so most PA bankruptcy debtors elect the federal $189,050 cap. Property-tax…
Traffic (6)
- How do I fight a parking ticket in Pennsylvania?
Pennsylvania parking tickets are governed by 75 Pa. C.S. § 3353 and local ordinances. Philadelphia uses the Bureau of Administrative Adjudication (BAA) with a 30-day window…
- How long do I have to register a vehicle in Pennsylvania?
Pennsylvania gives new residents 20 days to register under 75 Pa.C.S. § 1310. Purchased vehicles must be titled within 20 days; transfers handled by notary or licensed messenger…
- How do I get my driver's license reinstated in Pennsylvania?
Pennsylvania's restoration fee is $94 (75 Pa.C.S. § 1786, 1960). After a DUI, an Ignition Interlock Limited License (IILL) is available; SR-22 may be required for 1–3 years…
- How do I fight a speeding ticket in Pennsylvania?
Pennsylvania prohibits plea bargaining on most speeding tickets (75 Pa.C.S. § 3361). Drivers can pay, contest at a Magisterial District Court summary trial, or appeal to the Court…
- What are the open container laws in Pennsylvania?
Pennsylvania 75 Pa.C.S. § 3809 prohibits any person from possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway. Summary offense…
- What happens if I get a DUI in Pennsylvania?
75 Pa.C.S. § 3802 sets a tiered DUI structure: General Impairment (0.08%-0.099%), High BAC (0.10%-0.159%), and Highest BAC (0.16%+). First-offense General Impairment: 6 months…
Civil Procedure (4)
- What is the small claims limit in Pennsylvania?
Pennsylvania Magisterial District Courts hear civil claims up to $12,000 under 42 Pa.C.S. § 1515. Filing fees range from $50 to $200 plus service costs. Lawyers may appear. Either…
- What is the statute of limitations in Pennsylvania?
Pennsylvania civil limitations: personal injury 2 years (42 Pa.C.S. § 5524), written contract 4 years (§ 5525), oral contract 4 years (§ 5525), property damage 2 years (§ 5524)…
- Can I get out of jury duty in Pennsylvania?
Pennsylvania requires US citizens, 18+, county residents per 42 Pa.C.S. § 4502. Active military, judges, and law-enforcement officers may be exempt under § 4503. Hardship excusals…
- How do I legally change my name in Pennsylvania?
File a Petition for Change of Name in the Court of Common Pleas of your county (54 Pa.C.S. § 701), pay $50–$200 in fees, publish notice in two newspapers (one a legal journal)…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.