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Court date but have not been served

Date: Tue, 11/04/2008 - 15:19

Submitted by anonymous
on Tue, 11/04/2008 - 15:19

Posts: 202330 Credits: [Donate]

Total Replies: 1


I have some debt, $7000, with Discover bank. I have been unable to make a deal with there collection agency. I learned that back in February they filled suite, for arbitration, which is set for the end on November. I have never been served for this court hearing. I know about it because my count has a public access website. What can I do if I am not served? Also if it goes to court and a judgment is granted, can they levy my bank account if it is joint with my wife, and the debit is wholly mine from pre marriage? I live in PA. Thanks


That is not a court hearing. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed will be final and binding. It is basically done outside the courts and if I am not mistaken is pretty hard to beat. If it is a binding arbitration, you give up your rights to a fair trial in a court. It would tell you in the original credit card agreement if it is Binding or non-binding.


If I am wrong someone please correct me. I Think you may want to remove your name from that bank account also and just leave your wife's name on it. A credit card company cannot garnish your wages in Pennsylvania, if you live and work in PA. Under Pennsylvania law, garnishment of wages can only occur in limited circumstances, and a Credit Card Company does not meet those circumstances.

On the other hand, a Credit Card Company can garnish your bank account, including wages that are deposited there, IF they first obtain a judgment against you in a Court of Law.


lrhall41

Submitted by on Tue, 11/04/2008 - 15:43

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