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View Full Version : Lawsuit over credit card in PA


swttrbleone
Jan 28, 2008, 04:42 AM
I am being sued by a monster law firm. I was served papers on 1/22 and am trying desperately to figure out what to do. Unfortunately, I am disabled right now and I have my hearing for Social security next month, which is why I was unable to pay for my cards in the first place (I haven't worked for a year and a half). I pretty much have nothing to spend on a lawyer but I have figured out enough to know that doing nothing is the worst thing I can do. I've talked to my legal aid attorney that is handling my social security case, but he doesn't seem to be real up on what needs to be done.
I am in Pennsylvania and these are my questions, what types of things can you get a case dismissed on? I know that if a judgement did happen they can garnish my wages, but I'm not working... can they sell the things that I own? Or is there a limit on that? I owe money on my car to my dad and he offered to put the car title in his name (sell the car to him for $1). Could I get in trouble for doing that with this lawsuit going on? I don't want to do anything illegal, but I need my car for dr's appointments. Any help would be so appreciated. The amount I'm being sued for is under 900, plus court costs.
Thanks!

George_1950
Jan 28, 2008, 08:28 AM
In many states a judgement lien, when recorded, becomes a lien against all real and personal property, that is land and things. If your home and car appear to be paid for, the creditor could seize and sell your property; where I reside, the sheriff has that authority, although sheriffs do not like to do this. You could look into your dad filing a lien against the car; that would most likely prevent a judgement creditor from seizing and selling the car.

ScottGem
Jan 28, 2008, 08:48 AM
You appear to be pretty much judgement proof. Most states allow for an exemption of certain property. Since the only thing you own is the car, you can probably get an exemption for it. Check with small claims court, they should be able to tell you what you can exempt.

The likelihood of getting the case dismissed is small, since you acknowledge you owe for the card. You cannot get it dismissed on the grounds that you can't afford to pay.

You do need to answer the summons with an intent to defend. You then send a copy of that to the plaintiff demanding verification of the debt. If you are lucky the debt was purchased and they may not have enough documentation to satisfy the court.

swttrbleone
Feb 4, 2008, 04:10 AM
Okay, one last question. I know that this debt was purchased at least once, but I think this is actually a third party, so it will be difficult for them to validate it. I found this information in relation to my case... does it sound right?

"Never admit always deny, they have to prove it, not you.

Demand to see the original contract you signed, and remember when you go to court for the hearing , if only a attorney shows up, move to dismiss, the court will lack jurisdiction. You have the right to cross examine the plaintiff and attorney cannot testify for their client (Hearsay)

No plaintiff, no case, no original contract, no claim

Move to court to dismiss with prejudice if neither show. Not a postponement, dismiss."

I'm just checking to make sure this is correct, because if it is I think it might work... otherwise, I'll just have to take the judgement and figure it out from there. Again, thanks for your help!

ScottGem
Feb 4, 2008, 06:49 AM
If you read some of the similar threads here, you will find the same advice. Frequently when they purchase debt they don't get the documentation they need.

kasage
Aug 13, 2009, 06:44 AM
Pennsylvania is not a wage garnishment state.