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franka0408 · Sep 25, 2010, 03:11 PM

We live in PA and Capital One's Attorney's filed a judgement with the local magistrate for non-payment and breach of contract. First I thought there was a law against this in PA?
We are both disabled now and on disability and made attempts to pay but they wanted the whole debt at a reduced cost. We could not afford it on what we are making, we could just about afford our monthly bills. She became disabled after applying for the card, is she still liable? Can they do anything else to her? She thinks they are going to send her to jail and is a nervous wreck. Thank you in advance for any insight you can give us.

ScottGem · Sep 25, 2010, 04:36 PM

Why would you think this is against the law? If you contract for a debt and don't pay the debt the creditor has a right to try and collect that debt. There are things that they can't do but suing is not one of them.

However, certain types of income is exempt from attachment for unsecured debt. Social security disability is one of them. But once the money is deposited in a bank account it might be attached.

Has a judgement been issued or was a suit just filed?

franka0408 · Sep 25, 2010, 05:20 PM

There was only a Civil Action issued against her through a magistrate, the attorney for Capital One is from NJ (Paul Klemm). Thanks for all your help.

ScottGem · Sep 25, 2010, 06:12 PM

Please don't use the comments feature to post follow-up. Use the Answer options instead.

Was there a hearing?

franka0408 · Sep 27, 2010, 08:16 AM

The hearing is scheduled on October 18th. They submitted the civil action for non-payment and breach of contract. How can they have breach of contract when she never signed anything, we would get letters in the mail when she was still working stating that the credit card was already approved and all you had to do is call them, send back a paper, or open the account on the internet. Thank you again for your help.

ScottGem · Sep 27, 2010, 11:51 AM

By sending back that paper she "signed" a contract. If you can't reach an agreement with them, then she may need to remove her name from all your bank accounts.

Fr_Chuck · Sep 27, 2010, 01:29 PM

Agree with Scott, first if you get and use a credit card the use of it, is agreement with its terms, and makes you liable for the debt you get from its use.

Next of course they can sue you, what they can or can't collect from disability will be up to the state and federal laws.