[stellastarr]

Got sued over unpaid credit card (Chase Bank) by CACH,LLC in Philadelphia Municipal Court for about $3000. I've filled notice to defend, than appeard on hearings, my case was continued by subpoena and yesterday I appeard on hearing before judge. Plaintiff provided: Affidavit of Non-military service, Statement of Account, Verification that Cach, LLC is successor in interest to Chase Manhattan Bank and some Chase Bank statement with my name and address for about $2800 or so. I didn't take a look closely on statement. Before judge we've contested and got Disposition - Held Under Advisement. Today I checked Municipal Court Case Docket online and did find out that there is Judgment for Plaintiff provided with scanned judicial letter, which I should get by mail, without any explanation... just judgement for plaintiff. Note that I have 30 days appeal period. My question is why is there no explanation of judgement (they didn't provide any document with my sign... just copy of some statement.. )? Should I try to fight more and fill Notice to Appeal in Court of Common Pleas? Will I really need a lawyer, because Court of Common Pleas? Thank you.

[AK lawyer]

... My question is why is there no explanation of judgement ...

Because at the trial court level the judge isn't required to justify his/her decision. The appellate court will look at all the evidence in the record and determine whether there is sufficient evidence for the judge to have ruled against you. If you properly raised the issue of whether you signed an agreement, the appellate court should discuss and explain whether the judge's decision to enter judgment against you was correct or not.

[stellastarr]

Re 'if you properly raised the issue of whether you signed an agreement'... I've sent request for documentation verifying the validity of the alleged debt.. as original signed contract, history of payments, record to prove the amount of the debt.. etc.. They have only some copy of statement (1 page) with my name and address and amount.. no payments, no purchases...
Should I rather get lawyer at this point? Is it worth it? I feel I can still try to defend myself when I will ask for more documentation... Thanks again!

[davidwisniewski]

In Philadelphia, the appeal from the Municipal Court is to the Court of Common Pleas, where the case gets put back into the trial pool and starts from scratch. It isn't an appeal, per se.

From what you stated, CACV didn't have enough documentation to prove that the original debt existed or that it purchased it. Under PA law, a claimed creditor can't just use an affidavit of debt, there has to be extensive documentation, i.e. the original credit card agreement, all of the past-due invoices, and a chain of title showing that the debt purchaser did in fact purchase *your* account. In 99.999% of the cases I've seen, they cant' prove this.

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