Legal Question in Credit and Debt Law in Pennsylvania

Service of Miunicpal court complaint

My wife accepted service of a municipal court complaint against her sister who doesn't live with us. It looks like a credit card co. is suing my sister in law for not paying her credit card bill. Her sister does get some mail sent to our house. Is this proper service and can we comhow let the sheriff know a mistake was made? Also, if the credit card co. gets a judgment will they be looking at my house and my property to satisfy the judgement?


Asked on 5/14/08, 7:26 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Service of Miunicpal court complaint

As to the second question, no. As to the first question, if it was served by the Sheriff your wife didn't accept service and it seems to me that unless her sister is a member of your household, service is invalid. You should have your sister in law talk to a local attorney.

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Answered on 5/15/08, 10:01 am
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Service of Miunicpal court complaint

When a creditor has reason to believe that a debtor lives at a certain address, it is proper for them to list that address and attempt to serve the debtor there. If service is accepted, the case can proceed.

However, it is also possible for your sister-in-law, who doesn�t live there and has no actual knowledge of the suit to, at some point, contest service. But that could be after a judgment is entered and it would be much more difficult and costly. She is better served being made aware of the suit and either defending it or filing a bankruptcy. She should consult with experienced counsel ASAP.

I trust this answers your quesiotns but either you or your sister-in-law can contact me for a free initial consult.

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Answered on 5/15/08, 12:02 pm


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