I recently received a summons to appear in the magistrate office about a credit card for Capitol One that I quit paying on when I divorced my husband 4 years ago. I live in Pennsylvania and I thought the SOL was 4 years. The papers state date of accountMay 12, 2003 and they filed for a judgement hearing on June 4, 2007. Is this past the time they are allowed to file? Also I am having a very hard time trying to make ends meet now. I had to move in with my son after my divorce because I don't make enough money to live on my own. The only thing I own is my car which I still have a loan on for 4 more years. What can they do to me and what are my rights?

Hello cin:

The SOL has probably not expired so you're going to owe the money. After 4 years, however, you should be able to make some sort of deal with them. I know you don't have money, but if they get a judgment, it's going to be for a lot more than they're asking for now and they can go directly to your bank account or your paymaster and get it.

excon

According to this site:
Pennsylvania Statute of Limitations (http://www.expertlaw.com/library/limitations_by_state/Pennsylvania.html)
The SOL on contracts "Written and under seal, 20 years. Otherwise, 4 years."

However, I don't know what written and under seal refers to. Bottomline, if they are filing suit, they probably feel that the SOL hasn't expired.

If they can prove the debt (and you admit to it so they probably can), then will win a judgement. So I agree with excon, that you are better off trying to negotiate a settlement.

WRITTEN UNDER SEAL DEFINITION


Related Topics
Recording of land titles

Deed (dēd)
n.
Something that is carried out; an act or action.
A usually praiseworthy act; a feat or exploit.
Action or performance in general: Deeds, not words, matter most.
Law. A document sealed as an instrument of bond, contract, or conveyance, especially relating to property.
Tr.v. deed·ed, deed·ing, deeds.
To transfer by means of a deed: deeded the property to the children.

I would call and advise the other party to the action of your circumstances, and the fact you thought your ex-husband had taken responsibility for the bill. Explain you would like to avoid court but that you are having a tough time financially and offer a small monthly payment toward the debt (can you swing $25 a month?) Ask if they are willing to remove interest and late fees and permit you to just pay their court filing fee and the principal on the debt. This could substantially reduce the amount.

Then pay them on time every month.

Separately, try to negotiate something with your ex-husband to pay you back or at least to pay half of the debt.

If this debt was assigned to him in your divorce decree, you can go back and get a court order for him to pay the debt or reimburse you for it. The creditor does not have to honor the decree - they can go after either or both of you.