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
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
"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)
Â§ 2270.1. Short title
This act shall be known and may be cited as the Fair Credit Extension
Â§ 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.
Â§ 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
Â§ 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. Â§ 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
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
(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
(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.
Â§ 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
(c) Remedies.--Remedies available for violation of this act and the Fair
Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. Â§ 1692
et seq.) shall not be cumulative, and debt collectors who violate this
act and the Fair Debt Collection Practices Act shall not incur
(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
(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. Â§ 201-1 et seq.
Â§ 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 LAWYERLAWRENCE RUBIN
Pennsylvania & Illinois Consumer Law Firm
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