Legal Question in Credit and Debt Law in Pennsylvania

I have a lawsuit filed against me for credit card debt by a law firm (junk debt buyer) for under $1000. The sheriff dropped off the paperwork a few weeks ago from the Prothonotary. It says "This is an arbitration matter. Assessment of damages hearing required"

What does this mean?

I contacted the law firm and spoke to the absolute rudest person I could imagine. She told me that I would have to make an initial payment of $250 then subsequent payments of $100 every month and that she would send the paperwork. I never agreed to make the payment, I told her that she could send the agreement that I would read it and sign if I agreed with it.

I didn't send the initial payment because I wasn't entirely sure they even had the right to collect from me and I wasn't about to send them money without seeing the terms of the payment agreement. She also told me if I failed to miss a payment the amount would revert back to the original amount and I would forfeit the money from the payments if I missed one.

I waited two or two and a half weeks and called her back today. She didn't answer. An hour or two later she called back. I told her I called her today. She then abruptly started talking with an attitude and said I was lying. She put me on hold to check her call records, she came back and then said "You could have called us in the past 2 weeks" I responded with "I was waiting for the paperwork, I didn't know what day you sent it and enough times has passed so I called you to see why I haven't received it yet. She told me that I was "lying and making up excuses" and she claimed that she sent the paperwork out the first day I contacted her (two weeks prior to this conversation). I told her that I haven't received it yet (I live in the same state and about two hours from the office of the law firm) and she basically said it wasn't her problem and that the firm was going to "continue on".

What should I be expecting? I assumed that meant they would file a summons to appear before the magistrate.

The lawsuit paperwork says "the account originally with CHASE BANK, account number xxxxxxxxxxxxxxxx has been purchased by an LLC, who now owns said account and has all rights connected therewith including the right to institute this action.

I received a 1099-C form from the credit card company stating it was a Cancellation of Debt and that the debt was cancelled on 10/30/2008 and I had to claim this amount as taxable income on my taxes.

Does the 1099C form stating that the debt was canceled give me any defense when I see the magistrate.

Currently I'm unemployed, with no home or car so I have no assets. What can they do to me in court?


Asked on 12/09/10, 6:11 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

If a judgment is entered against you, one effect will be that it will be reported on your credit report, secondly, if the judgment is entered, the creditor could request a sheriff's sale. The sheriff could then levy certain personal property that you have and sell it at a sheriff's sale.

If the creditor wrote this debt off, it may be a defense that could be raised.

I would suggest that you retain a lawyer. He could contact the creditor's lawyer, and determine if the debt is valid and whether or not any statute of limitations has expired. If the debt is valid, the lawyer could possibly negotiate a settlement with the creditor.

If you would like to discuss this any further, feel free to give me a call.

Justin C Gearty Jr

717-490-6325

[email protected]

http://www.geartylawoffices.com

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Answered on 12/14/10, 7:01 pm


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