Palisades collection sent me a subpoena
Date: Tue, 03/20/2007 - 16:45
You need to send them a debt validation letter via certified mai
You need to send them a debt validation letter via certified mail, return reciept. Do not ignore any court paperwork or they will win by default. They count on this.
What happens if they (the attorney) does win? Is this what is ca
What happens if they (the attorney) does win? Is this what is called a judgement against you? What does this do? Thank you so much.
Lets go over the process of a lawsuit on a debt collector: 1. A
Lets go over the process of a lawsuit on a debt collector:
1. Always send your dv letter.It preserves your rights.
2. They send a sup.(Is it real? How were you served and does it have court district info on it?
3. Call court district and verify it is a real suit.
4. File your answer and show up for court so they cannot get a default judgement.
5. They will have to prove this is your debt following the rules of evidence of your home state statutes.
6. If you have to go to court and are not comfortable defending yourself solo,hire an attorney.Sometimes they can be expensive,but it may be cheaper in the long run. If you are low income or disabled,check into legal aid.
7. If they win,you can appeal to next court level or you can acknowledge defeat. Once they have a legal judgement,they can start the executory process.
8. When they go to execute judgement,their are various things they can do to get their money.This depends on your state law.I cannot be more specific without knowing at least what state you live in.
Good luck and keep us informed.I will try to help you.I am not a lawyer,but I am pretty handy at searching the statutes and pointing a person in the right direction.
I am in Pennsylvania if you could provide this information, it w
I am in Pennsylvania if you could provide this information, it would be greatly appreciated.I have some credit card debt that I am trying to pay through consumer credit help company.If collection agentsy doesn't work with them and takes me to court,I'm afraid of what I can loose,what they can do? Any additional info on this? Sorry for questions but I'm extremley upset today,feel the weight coming down.Thank you for the help.
Exemptions from judgement executory process. Courtesy of Penn. G
Exemptions from judgement executory process. Courtesy of Penn. General Assembly.
Rule 3101.1. Property Subject to Execution. Execution Within and After Five Years.
Quote:
(a)(1) Execution may issue within five years after entry of the judgment sought to be enforced or any judgment of revival or agreement to revive, against (i) real property which is subject to the lien of the judgment, and (ii) real property, title to which at the time of the entry of the writ of execution in the judgment index is recorded in the name of the person against whom the judgment is entered. (2) If more than five years have expired since the entry of the judgment or of the last preceding judgment of revival or agreement to revive, no execution against real property may issue until a writ of revival shall have issued and been reduced to judgment or an agreement to revive entered. The execution shall issue on the judgment or agreement so entered and not on the original judgment. (b) Execution may issue against personal property within the time allowed by law. Official Note Subdivisions (a)(1) and (2) continue the practice under Section 7 of the Act of July 3, 1947, P. L. 1234, 12 P. S. ???? 883 (repealed) relating to property subject to execution and execution after five years. For the applicable law under subdivision (b), see Section 5529(a) of the Judicial Code, 42 Pa.C.S. ???? 5529(a) (twenty-year limitation to issue execution upon personal property). See also Shearer v. Naftzinger, 747 A.2d 859 (Pa. 2000). A proceeding to revive a judgment lien is not relevant to an execution upon personal property. More exemptions to judgement: Official Note Pennsylvania and Federal law provide numerous exemptions of property from execution, including the following: Exemptions under Pennsylvania Law 1. General $300 statutory exemption, 42 Pa.C.S. ???? 8123. 2. Particular personal property exemption????????wearing apparel, bibles and school books, sewing machines, uniforms and equipment, 42 Pa.C.S. ???? 8124(a). 3. Certain retirement funds and accounts, 42 Pa.C.S. ???? 8124(b): Public School Employes???????? Retirement Fund, 24 Pa.C.S. ???? 8533 and 42 Pa.C.S. ???? 8124(b)(1)(i). State Employes???????? Retirement Fund, 42 Pa.C.S. ???? 8124(b)(1)(ii) and 71 Pa.C.S. ???? 5953. Police Pension Funds, 42 Pa.C.S. ???? 8124(b)(1)(iii). Philadelphia Pension Fund, 42 Pa.C.S. ???? 8124(b)(1)(iv). Pittsburgh Pension Fund, 42 Pa.C.S. ???? 8124(b)(1)(v). Pennsylvania Municipal Retirement Fund, 42 Pa.C.S. ???? 8124(b)(1)(vi). Private employes???????? pensions or annuity funds, 42 Pa.C.S. ???? 8124(b)(1)(vii). Self-employed retirement or annuity funds, 42 Pa.C.S. ???? 8124(b)(1)(viii). Retirement or annuity funds provided for under the Internal Revenue Code, 42 Pa.C.S. ???? 8124(b)(1)(ix). 4. Certain insurance proceeds, 42 Pa.C.S. ???? 8124(c). Fraternal society benefits, 42 Pa.C.S. ???? 8124(c)(1),(8). Workmen????????s compensation, 42 Pa.C.S. ???? 8124(c)(2). Group insurance, 42 Pa.C.S. ???? 8124(c)(5). Life insurance and annuities, 42 Pa.C.S. ???? 8124(c)(3), (4), (6). Accident and disability insurance, 42 Pa.C.S. ???? 8124(c)(7). No-fault motor vehicle accident benefits, 42 Pa.C.S. ???? 8124(c)(9). 5. Personal earnings, subject to the exceptions under 23 Pa.C.S. Pt. IV relating to divorce and for support, board, certain damages arising from a residential lease, and student loan obligations, 42 Pa.C.S. ???? 8127. 6. Tangible personal property on international exhibition, 42 Pa.C.S. ???? 8125. 7. Common carrier, property in interstate transit, 42 Pa.C.S. ???? 8126. 8. Certain veteran benefits. Veterans???????? litigation awards (Vietnam herbicide), 51 Pa.C.S. ???? 7902(a) Sums payable under: the Veterans???????? Compensation Act, 51 P. S. ???? 20012. the World War II Veterans Compensation Act, 51 P. S. ???? 20048. the Korean Conflict Veterans Compensation Act, 51 P. S. ???? 20098. the Vietnam Conflict Veterans???????? Compensation Act, 51 P. S. ???? 20127. Exemptions under Federal Law 1. Certain wages and compensation: Longshoremen????????s and harborworkers???????? compensation, 33 U.S.C. ???? 916. Injury or death resulting from war-risk hazard, 42 U.S.C. ???? 1717. 2. Social Security benefits, 42 U.S.C. ???? 407. 3. Certain retirement funds and accounts: Civil Service, 5 U.S.C. ???? 8346(a). Foreign Service, 22 U.S.C. ???? 4060(c). Railroad Retirement, 45 U.S.C. ???? 231m. Judges???????? widows???????? annuities, 28 U.S.C. ???? 376(n). 4. Certain veteran and armed forces benefits: Laws administered by the Veterans Administration, 38 U.S.C. ???? ???? 1970 and 5301. Armed Forces Survivor Benefit Plan, 10 U.S.C. ???? 1450(i). Savings deposited with armed forces, 10 U.S.C. ???? 1035(d). Medal of Honor Roll Special Pension, 38 U.S.C. ???? 1562(c). 5. Miscellaneous: Property of a foreign state, 28 U.S.C. ???? ???? 1609, 1611. Rail Fund, 45 U.S.C. ???? 822(e). Basically they can seize any nonexempt property and can garnish wages that are above the exempted income guidelines. |
Thank you so much for the information.Sure is alot of legalize.I
Thank you so much for the information.Sure is alot of legalize.I'll try to soak it all in and understand it.I guess I'm just afraid of loosing my house or car (both are always paid on time and up to date) because of this credit card crap I put myself in.But again,thank you so much for your help.When you feel like the walls are closing in,it's comforting having an understanding site like this.