Legal Question in Credit and Debt Law in Pennsylvania

Today I received in the general mail a Notice of Judgment/Transcript Civil Case. My name is Ronald Jay Bogue, however, the judgment is in the name of Ronald Bogue Jay. Does this mean the judgment was filed under the wrong name? What implications does this have for me and the sueing party? How should I respond?

Thanks.


Asked on 12/02/11, 8:15 am

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Its a technicality that the plaintiff can easily amend and I don't think that it would change the outcome of the case. You should consult with a lawyer to determine if you have grounds for appeal, and what you should do, if anything, about the misidentification on the judgment. Under any circumstances, you should act quickly, because your right to appeal may be as little as 10 days depending on the type of case it is.

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Answered on 12/02/11, 4:09 pm

Regardless of the name, why were you sued? Were you the correct party defendant or not? If the plaintiff got the right party, then Attorney Solomon is correct. You can object and the creditor will simply amend to the correct name assuming that you properly had notice of the suit.

If a judgment was entered already, it means that there was a lawsuit. Did you receive the lawsuit? What action, if any did you take? Do you have any defenses, such as the statute of limitations? The answers will dictate what you do next.

If you were not the correct party sued, or if you have valid defenses to the lawsuit and were not properly served, then you need to immediately get to a civil litigation attorney who handles this type of action. You do not indicate who sued you so I don't know if this was for a credit card debt or something else. However, a general civil litigation attorney ought to be able to file a motion to open/strike the judgment.

If this is your debt, then having the judgment in the wrong name may actually help you in terms of your credit report or having the creditor try and execute. When was the judgment entered and is it reported on your credit report yet? However, you still need to think about resolving the judgment in some way if you are indeed responsible depending on your circumstances. If this is for something like a credit card debt, I give free email consults. Please contact me at [email protected] if interested.

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Answered on 12/02/11, 8:53 pm


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