PENNSYLVANIA

Subchapter B. Civil Actions and Proceedings.

5525. Four year limitation.

The following actions and proceedings must be commenced within four years:

An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.

Any action subject to 13 Pa.C.S. 2725 (relating to statute of limitations in contracts for sale).

An action upon an express contract not founded upon an instrument in writing.

An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.

An action upon a judgment or decree of any court of the United States or of any state.

An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.

SOL STARTS FROM FIRST DELINQUENCY

Section 2725 of the Pennsylvania Uniform Commercial Code provides that "an action for breach of any contract for sale must be commenced within four years after the cause of action has accrued." 13 Pa. Cons. Stat. Ann. 2725(a). A cause of action for breach of a contract for the sale of goods "accrues when the breach occurs." 13 Pa. Cons. Stat. Ann. 2725(b). In the case of an installment contract, breach of the whole contract occurs "whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract." 13 Pa. Cons. Stat. Ann. 2612(c).

PART VI. ACTIONS, PROCEEDINGS AND OTHER MATTERS GENERALLY

CHAPTER 55. LIMITATION OF TIME

Subchapter B. Civil Actions and Proceedings.

5521. Limitations on foreign claims. (a) Short title of section.--This section shall be known and may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."

(b) General rule.--The period of limitation applicable to a claim accruing outside this Commonwealth shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this Commonwealth, whichever first bars the claim.

(c) Definition.--As used in this section "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.

New Pa. Credit/Debt Collection Statutes

73 P.S. Chapter 42. Fair Credit Extension Uniformity Act (Refs & Annos)
§ 2270.1. Short title
This act shall be known and may be cited as the Fair Credit Extension Uniformity Act.
§ 2270.2. Scope of act
This act establishes what shall be considered unfair methods of competition and unfair or deceptive acts or practices with regard to the collection of debts.
§ 2270.3. Definitions The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:....
§ 2270.4. Unfair or deceptive acts or practices
(a) By debt collectors.--It shall constitute an unfair or deceptive debt collection act or practice under this act if a debt collector violates any of the provisions of the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.).
(b) By creditors.--With respect to debt collection activities of creditors in this Commonwealth, it shall constitute an unfair or deceptive debt collection act or practice under this act if a creditor violates any of the following provisions:
(1) Any creditor communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:
i) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(ii) not state that such consumer owes any debt;
(iii) not communicate with any such person more than once unless requested to do so by such person or unless the creditor reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(iv) not communicate by postcard;
(v) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the communication relates to the collection of a debt; and
(vi) after the creditor knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain such attorney's name and address, not communicate with any person other than that attorney unless the attorney fails to respond within a reasonable period of time to communication from the creditor.
(2) Without the prior consent of the consumer given directly to the creditor or the express permission of a court of competent jurisdiction, a creditor may not communicate with a consumer in connection with the collection of any debt:
(i) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a creditor shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m. local time at the consumer's location;
(ii) if the creditor knows the consumer is represented by an attorney with respect to such debt and has knowledge of or can readily ascertain such attorney's name and address unless the attorney fails to respond within a reasonable period of time to a communication from the creditor or unless the attorney consents to direct communication with the consumer; or
(iii) at the consumer's place of employment if the creditor knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
(3) Except as provided in paragraph (1), without the prior consent of the consumer given directly to the creditor or the express permission of a court of competent jurisdiction or as reasonably necessary to effectuate a postjudgment judicial remedy, a creditor may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, a debt collector, the attorney of the debt collector or the attorney of the creditor.
(4) A creditor may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. ...
(c) Definition.--For the purpose of subsection (b)(2) and (3), the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor or administrator.
§ 2270.5. Enforcement and penalties
(a) Unfair trade practices.--If a debt collector or creditor engages in an unfair or deceptive debt collection act or practice under this act, it shall constitute a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law. [FN1]
(b) Jurisdiction.--An action to enforce any liability created by this act may be brought in any court of competent jurisdiction in this Commonwealth within two years from the date on which the violation occurs.
(c) Remedies.--Remedies available for violation of this act and the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.) shall not be cumulative, and debt collectors who violate this act and the Fair Debt Collection Practices Act shall not incur cumulative penalties.
(d) Defenses.--A debt collector or creditor may not be held liable in any action for a violation of this act if the debt collector or creditor shows by a preponderance of the evidence that the violation was both not intentional and:
(1) resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error; or
(2) resulted from good faith reliance upon incorrect information offered by any person other than an agent, servant or employee of the debt collector or creditor.
[FN1] 73 P.S. § 201-1 et seq.
§ 2270.6. Repeal
The provisions of 37 Pa. Code Ch. 303 (relating to debt collection trade practices) are repealed.

PA FAIR CREDIT ACT

PA CONSUMER LEGAL HELP

NEW JERSEY/PENNSYLVANIA CONSUMER LAWYER

LAWRENCE RUBIN
Lawrence Rubin Attorney

Pennsylvania & Illinois Consumer Law Firm
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