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Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual

Allegheny Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual

Name: Allegheny Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual
Brand: US Legal Forms
Rating: 4.72 (332 reviews)

Category:

Liens - Construction - Mechanics

State:

Pennsylvania

County:

Allegheny

Control #:

PA-04-09

Format:

Instant download

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Description

Pennsylvania law states that "At any time after the completion of the work by a subcontractor, any owner or contractor may file a rule or rules, as of course, in the court in which said claim may be filed; requiring the party named therein to file his claim within thirty (30) days after notice of said rule or be forever barred from so doing. The rule shall be entered by the prothonotary upon the judgment index and in the mechanic's lien docket. Failure to file a claim within the time specified shall operate to wholly defeat the right to do so. If a claim be filed, it shall be entered as of the court, term and number of the rule to file the same." This form serves to demand that the subcontractor proceed with his lien claim within thirty (30) days of receipt of the notice or be barred from filing the claim in the future.

Allegheny Pennsylvania Demand for Filing of Claim by Entry of Rule — Individual is a legal process that individuals residing in Allegheny County, Pennsylvania can use to demand the filing of a claim through the entry of a rule. This legal proceeding allows individuals to assert their rights and seek compensation for various types of claims they may have against another party. There are several types of Allegheny Pennsylvania Demand for Filing of Claim by Entry of Rule — Individual, including: 1. Personal Injury Claims: Individuals who have suffered physical or emotional harm due to another party's negligence or intentional actions can file a demand for a claim. This can include claims arising from car accidents, slip and fall incidents, medical malpractice, or workplace injuries. 2. Property Damage Claims: If an individual's property, such as their home or vehicle, has been damaged due to the actions of another party, they can file a demand for a claim. This can involve claims related to accidents, natural disasters, or intentional vandalism. 3. Breach of Contract Claims: When one party fails to fulfill their obligations under a legally binding contract, the other party can file a demand for a claim to seek compensation for the damages incurred. This can include claims related to non-payment, incomplete work, or failure to deliver goods as promised. 4. Consumer Protection Claims: Individuals who have been deceived, defrauded, or unfairly treated by businesses can file a demand for a claim to seek compensation and justice. This can involve claims related to false advertising, product defects, or unfair business practices. The demand for filing of claim by entry of rule allows individuals to initiate legal proceedings without the need for a traditional lawsuit. By filing a detailed demand and serving it to the responsible party, the individual can request compensation or seek resolution for the harm or damages suffered. It is crucial to consult with an experienced attorney who can guide individuals through the complexities of this legal process and ensure that their rights are protected throughout. It is important to note that the specific requirements and procedures for filing a demand for a claim may vary depending on the jurisdiction and the nature of the claim. Therefore, individuals should thoroughly research and understand the specific rules and regulations of Allegheny County, Pennsylvania before pursuing this legal action.

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How to fill out Allegheny Pennsylvania Demand For Filing Of Claim By Entry Of Rule - Individual?

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FAQ

All records in the Register of Wills are open to the public with the exception of Adoption records, which are impounded (sealed by the Court) by law and available only by order of Court.

The amount of this filing fee will vary depending on the family court you need to go to, but it will typically range anywhere from $90 to $110.

Probate records and wills are available online from all over the U.S. and are what I consider another hidden gem of information that can assist you in advancing your family history and genealogy research.

You may file a civil suit at Magisterial District Court if you have a complaint against a person or business and wish to recover an amount of money totaling $12,000 or less. This is called a civil lawsuit.

Upon the death of the will maker, someone typically must file the will with the probate court and once that happens, then usually any member of the public can view it. To obtain a will in Pennsylvania, visit the office of the Register of Wills in the county in which the deceased resided.

File the complaint with state and civil cover sheets. The filing fee is $173.25.

Complete the Civil complaint form fully and neatly. Be sure to provide enough information so the person you are suing knows why he or she is being sued. Once the complaint is completed, you must file it at the correct Magisterial District Court office. Be prepared to pay the filing fees.

What records are available to the public? ALL records in the Register of Wills, Orphans' Court and Marriage License Department are open to the public with the exception of adoptions or any other records impounded by court order.

Two Year Statute of Limitations As in most states, the statute of limitations in civil cases in Pennsylvania is two years. In most cases, this means that victims have two years from the date of their injury to file a civil lawsuit.

The docket index, estate index, or general index is the first place to search for evidence of probate proceedings. These indexes list all the records created for a particular probate.

More info

Yes. Pennsylvania law allows either party to file an appeal within 30 days of entry of judgment. Complete this form to request recovery of an overpayment in any amount from a closed case.This section explains the basic forms needed for a plaintiff to file a simple Mutual Consent No. Fault Divorce in Pennsylvania in a step-by-step format.

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Demand for Filing of Claim by Entry of Rule - Individual

Note: This summary is not intended to be an all inclusive discussion of Pennsylvania's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Pennsylvania law permits contractors and subcontractors to claim a lien for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim shall exceed five hundred dollars ($500).

How long does a party have to file a lien?

Parties seeking to claim a lien must do so with the filing of a Lien Claim form within four (4) months of the claimant's last work. Thereafter, a lien claimant has two (2) years to bring an action to enforce the lien.

What kind of notice is required prior to filing a lien?

Subcontractors involved in the alteration or repair of property must file a Preliminary Notice of Intent to File Lien prior to the completion of work. Thereafter all subcontractors, even those involved in alteration or repair, must file a Formal Notice of Intent to File Lien at least thirty (30) days before a Lien Claim is filed.

By what method is a lien filed in this State?

A Lien Claim form is filed with the prothonotary of the county where the property is situated, and must be filed within four (4) months of the completion of work. Written notice of the filing must be served on the property owner within one (1) month after filing and recorded within twenty (20) days of service.

How long is a lien good for?

An action to obtain judgment upon a claim filed shall be commenced within two (2) years from the date of the filing.

Are liens assignable?

Pennsylvania statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. Subcontractors are required in some cases to provide two notices to the property owner in the form of a Preliminary Notice of Intent to File Lien for alterations and repairs and a Formal Notice of Intent to File Lien. In addition, Pennsylvania law provides that a contractor or subcontractor can issue a written waiver of all lien claims to the property owner.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Pennsylvania law provides for a notice from the property owner to the contractor advising the contractor that a subcontractor has provided the owner with notice that a lien may be filed. The notice also demands that the contractor pay the claim or undertake to defend it.

Does this State require a notice prior to starting work, or after work has been completed?

No. Pennsylvania statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Pennsylvania statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Pennsylvania statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

As stated above, Pennsylvania statutes have no specific provision for the release of a lien, other than the automatic dissolution that occurs if suit to enforce the lien is not brought within two (2) years. However, Pennsylvania law does permit a contractor or property owner to issue a written notice to a subcontractor demanding that the subcontractor file a lien claim within thirty (30) days of receipt of the notice or forever be barred from doing so.