Legal Question in Credit and Debt Law in Pennsylvania

what is a Trespass Judgment ?? My son had a civil complaint at a local District Justice . from Capital One in May 2010 and lost.. He did not hear anymore about it until today when he received a letter from the Atty: for capital one 1st page = A transcript for judgment transfer 2nd Page = Notice of Judgment or Order to Defendant was entered against you on 11/17/2011 then it has 3 (____) 1= Assumpsit Judgment Amount $xxxx.xx Plus Cost 2 (_X_X_) Trespass Judgment in the amount of $______ plus cost (no) Dollar amount filled in and 3 (_____) if not satisfied within sixty (60) days ect.ect. then (XX) entry of judgment of then it list 7 lines of thing like court order - Non-Pros ect.ect....

its XX on the Trespass line and on the Entry of judgment line only not on one of the seven listed and its signed by the Prothonotary


Asked on 11/23/11, 5:55 pm

1 Answer from Attorneys

The important thing is that your son has a judgment against him. He needs to decide what to do about it.

Is this your son's debt? If he had no notice of the judgment, perhaps he has legal grounds to get the judgment opened? In such case, he needs to see a credit card defense lawyer NOW. I know attorney Greg Artim here at Law Guru does statewide credit card defense, but there are other attorneys.

If your son has many debts, including this one, maybe he needs to consider bankruptcy, although this is an option which should only be used if everything else fails.

If this is your son's debt and there are no legal grounds to open or otherwise challenge the judgment, how much is the judgment for? Does your son have the means to repay the judgment? Capital One will generally settle for at least 50% of the judgment, but it will depend on who the lawyer is that obtained the judgment. If your son wishes to discuss his options, I give free email consults. Please have him contact me at [email protected].

Regardless of whom your son contacts, he should go to the courthouse and get a copy of the court file. These are a matter of public record. At a minimum, he should copy the complaint, the return of service, the 10-day letter advising of the intent by Capital One to take a default judgment and praecipe for entry of a default judgment. He should take these documents along with the letter from the attorney for Capital One to his attoney and allow the attorney to review them as it may determine what course of action your son decides ot take.

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Answered on 11/25/11, 4:50 pm


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