Legal Question in Credit and Debt Law in Pennsylvania

I have disputed an entry by a collection agency on my credit report. are they permitted to file a lawsuit against me and still try and serve me a summons? I had found out the suit was filed a few weeks before I saw my credit report and asked for validation, which they have yet to send me.

Asked on 4/10/13, 4:02 am

1 Answer from Attorneys

The time for validation is OVER! You have been sued. You need to receive the lawsuit and review. First, why are you disputing? Is this your debt or is there a possibility that this could have been a debt that you were financially responsible for? If so, how long has it been since you last paid on the account? Were you sued in small claims? Or the court of common pleas?

The answers dictate what you do next. If the debt was created because of identity theft or fraud or the statute of limitations has expired, you should get to a lawyer NOW and pay the lawyer to represent you. Have the lawyer file an answer to the complaint. If the lawsuit was brought in common pleas court, there may be more of an opportunity for discovery in which you can request (a) proof that this is your debt (like a credit card statement) and (b) proof that the junk debt buyer who sued (if this is the case) now owns the debt (usually this would require a bill of sale or affidavit of assignment).

The problem is that you state that you were sued a few weeks ago. This is bad. You only have 20 days in PA to file an answer. I don't know if you are outside the window for that or not. You need to have a lawyer (find one who engages in credit card defense or consumer law) look at this and file an answer immediately if there is still time to do so.

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Answered on 4/10/13, 9:05 pm

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