Being sued in PA

You could try to work a payment plan out, you could also remind them they can't garnish your pay because you live in PA, that might make them take the offer, because usually they won't in other states and would rather have a judgment they can sell that CAN allow a pay to be garnished.

They can't take your mothers account, but they could try cause they suck......first her income is exempt, second a bank account can only be garnished if it is in you or you and your spouses name....people use the trick of putting a sibling, son, daughter, friend or other relative on the account and it can't be touched.

As for your car, I think if you still owe over a certain amount on the note, it can't be taken.....it might very well be that the bank owns it so it can't be taken no matter what too...once it's paid off though, that's a different story...

You could hire a lawyer if you want to......Did you get a summons and did you answer it if it requires you to??? You do have a defense, you could deny the whole debt and make them prove you owe it, by way of original contract, statements and such...or you can admit it OR you can neither admit nor deny and do the same as I said when you deny it......your choice.

Once they do get a judgment, usually the judge will ask how much you can pay, you give an amount and most of the time, that is what you pay....some states are different and the whole amount has to be paid in full within a certain number of days and also the plaintiff could simply not agree to the amount you can pay....Your best bet is to look up your states rules of procedure on judgments.

Do you owe a lot? They could put liens on a house if you have one or anything that is not exempt could be taken...I think anything under $300 is exempt in your bank accounts too....Your other option is if they get aa judgment, simply do not have direct deposit and send them every month, by bank check...any amount you can to pay it off as fast as you can and keep all records you can to prove you paid it.....


These are all that I can think of off the top of my head, hope this helps...if you have any other questions feel free to ask and hopefully someone can help.

Thanks pokertramp (very good info)!

The amount of the debt is $1,953.00, the orginal credit line was $750.00 (charging me $1,203.00 over what I spent). The government should really start doing something about this. I understand that the debt is mine and I was the one responsible for defaulting on it, But $1,250 in penalties (insane)!

Summons.....3 pages!
page 1- Commonwealth of Pennsylvania Civil Action Hearing Notice:
Outlines the date of the hearing (4/12), where it is being held (DJ Office) and time it is being held (8:45am).

Page 2- Commonwealth of Pennsylvania Civil Complaint:
Lists total amount owed and also outlines Court fee's that are being applied along with case docket number.

Plaintiff also lists info about the account and his intent on this page:
"Upon the insistance of the Defendant, Plaintiff issued Defendant a credit card or line of credit, account number xxxxxxxxxxxxxxxx. Defendant owes the plaintiffthe principle amount of $1,736.67, interest of $216.50, and attorney fees of $.00. Breach of contract on said account; Money due and owing on an account stated; Money due and owing on an open book account; Reasonable value of goods sold and delivered and / or services rendered; and unjust enrichment.
ALSO A ORANGE STICKER STATING "NOTIFY THIS OFFICE IMMEDIATELY IF YOU INTEND TO APPEAR FOR THE HEARING".

Page 3-
This is a green paper from DJ office offewring some lmited addional information concerning these proceedings.

Document contents:
(Highlighted) "As a Defendant- If you agree that the information is correct, and you DO NOT appear at the hearing, a judgement in the stated amount plus cost will be entered against you." Bla,Bla,Bla!
(Highlighted) "As A Defendant- If you DO NOT AGREE with the action and want to appear at the hearing and present a defence you MUST notify this office of your intention to defend as soon as possible.
(Not Highlighted) As a Plaintiff- You do not have to appear on the date and time indicated for a hearing unless you have been notified by the court that the defendant has notified the court of there intention to defend.

I have not done anything yet. I only got this on Saturday! I plan on going over to the DJ office Monday or Tuesday after work to see what I must do here!!! I also plan on calling the lawyer again on Monday if he hasn't contacted me yet!

Thanks again for the response, anyone from Pa ever go through this and can enlighten me what to expect if this goes to court????

OK they said breach of contract, do they have one???? If not they will lose if you fight it......if you breach a contract and are sued on it, the contract needs to be there...most states would agree on this....

Thanks again pokertramp!



Nudelman returned my call today.
The phone call went way better then I expected. The lawyer was polite and respectful (not at all what I was expecting). This debt was still owned by Capitol One (one of the reasons I tried to come to terms with it). If this would've been a blood sucking CA who bought it for pennies on the dollar I may've tried to take a different approach. After all, I do owe the debt (although I don't agree with the $1,900.00 price tag that was attached to a $750.00 credit line).

Surprisingly.......
I was aked how much I can afford to pay a month, and said $125.00, He said that sound fine. He will draw up the agreement and get it in the mail today yet! I asked about the hearing. He told me that he will send a ?JBA? (or something to that effect) to the DJ office to inform them that payement arrangements have been made. He also told me that I could verify this was done by contacting the DJ office in a few days (which I will do)!



I'm still gonna go over to the DJ tomorrow to let them know I contacted Nudelman and terms for a settlement have been agreed upon (To cover my own arse). I will also call the DJ at the end of the week to check on the status of the suite, just to make sure they aren't trying anything under handed!



So thanks again for the info and advise (this site is great)!