Legal Question in Credit and Debt Law in Pennsylvania

Good afternoon,

I was scheduled to have an arbitration hearing 8/30/2011 in reference to a citibank credit card debt. I just found out via a friend at the courts, that the hearing was postponed until Nov. I was never notified of this by the Debt collection attorney (I just spoke with them last Thursday) or anyone else for that matter. If I showed up to the hearing tomorrow and let them know that I was never notified of the postponement, would the case be thrown out? Is there a legal responsibility to notify me(the defendant) of this? If not, what can I do because I will be out the country in November and I dont want to be penalize for messing the hearing. Thank you


Asked on 8/29/11, 12:22 pm

3 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Hire an attorney to go for you or ask for the hearing to be postponed again. It wont be dismissed tomorrow.

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Answered on 8/29/11, 12:53 pm

First of all, how do you know for a fact that the hearing was postponed? If it was postponed, then the court is not going to hear the case and it certainly will not be thrown out.

As to whether they have to notify you, maybe they have and you have not gotten notice of it. I don't know what county the action is in, so I would check the local rules. Nothing in the state civil procedure rules address whether you have to be given notice.

If you will be out of the country and want to attend, then file a motion for continuance to postpone the hearing yet again.

However, what is going to happen if you show up at any hearing? What exactly are you going to say? If this is your debt, they will recover a judgment against you regardless of whether you show uo or not.

Before you do all this, what exactly do you hope to accomplish? Is this your debt or not? If you have a defense to the charges, then get local counsel to protect your rights. If this is your debt and you have no defenses, then spending money on a lawyer to litigate is not the most productive use of your funds.

If this is your legitimate debt, I know the attorney for Citibank in PA (if the law firm is Burton Neil) and can resolve this debt for you for 50% -80% of the balance. If you have a lot of debt, maybe you want to see a bankruptcy attorney.

I give free email consults and can review your circumstances with you and give a better assessment of your situation. Please contact me at [email protected] if interested.

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Answered on 8/29/11, 5:56 pm


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