Legal Question in Credit and Debt Law in Pennsylvania

debt collector dodgey

A msg on my voicemail revealing little info other than the fact that something was about to be filed in the court of my county regarding a ''legal matter''. It gave me a file# to reference and a number to call.

I called to find out what it was about. They answered as ''the legal dept''. I asked for the person's name and what company they work for because they wouldn't answer any questions until I verified who I was and my contact info.

They said that I had a FL credit acct (not a credit card?) debt that was supposedly opened in 1995 with a credit union and I have made pmts on it for 4 years. The bal. is $1927.30.

I asked what the name was on the acct and they had my former married name. I assumed that the debt was opened by my ex, and they said it doesn't matter -- only my name is on it, he had the right to open an acct in my name, and the debt is still owed.

They said they they would file in my county court if I did not make arrangements, and I don't want trouble, so I made pmt arrangements until I figure this out. I have never heard from them before so I find this odd.

What are my rights? Can they take me to court & do I have to pay?


Asked on 12/04/07, 7:00 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: debt collector dodgey

You asked about an old debt.

Immediately contact a debtors right attorney. If you're near me, I'll do. These cases are fun and profitable, for both sides.

DO NOT MAKE ANY PAYMENTS. Once you do so the debt becomes re-aged and can be enforced. In PA most debt in unenforceable after four years. Also, If you did not open an account then you cannot be held liable for it unless you somehow authorized it.

DO NOT PAY ON THIS MATTER.

Read up on the Internet regarding Fair Debt Collection Practices. When a debt collector breaches the law then they must pay a statutory penalty to the debtor ($1,000) plus the debtor's legal fees and costs (which can easily go to ($2,500).

Don't worry, sue happy.

Regards,

Roger

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Answered on 12/04/07, 8:53 pm
John Gibson John W. Gibson, Esquire

Re: debt collector dodgey

Do not pay them. There is an argument that a payment of any type restarts the statute of limitations and another argument that they are entitled to sue on your agreement to pay.

It is doubtful that they actually filed a Complaint but if they did, you should get an attorney to file an Answer.

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Answered on 12/05/07, 12:05 pm


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