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Does the statute of limitations on contracts, 4 years, get tolled while a Pennsylvania board reviews the issue?

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michaelebailey

New member
What is the name of your state? Pennsylvania

I was represented by an attorney in an injury law suit. The resulting conclusion was not going to be a high amount and the attorney stated to help me get more from the amount it would be best to terminate the written fee agreement and form a new one, orally about July 2013, in which I would get 1/3, he would get one third from which he would absorb all costs and fees, and the remaining third would satisfy a subrogation. Upon conclusion of the case about 3 months later, October 2013, the case settled for 60k. The money was given to me in two payments about 1.5 months later, December 2013. The issue was that I only received about 13k, and he kept the extra 7k. I first thought it was a simple error and sent a letter, January 2014. It was then he turned and was very rude. I sent a demand a few months later, July 2014 and he threatened to sue me if I did not let it go. It was something that bothered me, but I did not want sued, but I needed to resolve the issue. I filed, about April 2016 with the Pennsylvania Lawyers Fund for Client Security. They previously denied my claim, June 2018. They just denied my reconsideration, September 2018. Would the statute of limitations, 4 years, been tolled while the State Board considered the case allowing me to bring suit?
 


adjusterjack

Senior Member
Would the statute of limitations, 4 years, been tolled while the State Board considered the case allowing me to bring suit?
No.

The tolling of the SOL is addressed in Sections 5532 through 5535:

https://law.justia.com/codes/pennsylvania/2017/title-42/chapter-55/

By the way, according to the Board's website:

The Board is comprised of five lawyer members and two non-lawyer members,
For $7000 you should have gone right to small claims court instead of relying on such an obvious one-sided scam.
 

michaelebailey

New member
Thank you for the information and your time.

I now understand how naive I was thinking it would have been taken seriously and decided fairly.

It did not matter what the truth was, what all he had done to us, and the fact that I even had a witness that a statement from her about the discussion concerning the agreement. During the case he said that the truth does not matter, it is only what you can make people believe. I hated him and did not trust him for many legitimate reasons. I was stuck with him because he damaged my case from the initial filing and no one else wanted to touch it.

Thank you again.

Mike
 

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