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  #1  
Old 10-20-2002, 08:33 AM
misswarren
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Posts: n/a
Unhappy

sheriff sale


What is the name of your state? pennsylvania..the sheriff brought me a court paper saying my credit union is suing me for 3000 dollars they say i owe from a car i bought 12 years ago,they took my car over 10 years ago and said that was it.now if they win in court,and i dont have the money,can they sheriff sale me??i dont have much at all,im a single mom,living in a small appartment...help.
  #2  
Old 10-20-2002, 10:01 AM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,545
Something isn't correct here.

The SOL (Statute of Limitations) in PA is:
Open Acct.: 4 years
Written Contract: 4 years
Domestic Judgment: 5 years (writ of revival within 5 yrs.)
Foreign Judgment: 4 years
Lien against real estate: 5 years
Personal property Ex: 20 years

So, if the debt is as old as you say (10 years or so), then it is unenforcable... unless you have done something to keep the SOL clock 'fresh'. And even if they got a judgment against you, it MAY have expired unless revived.

So, check your facts based on the above and find out what is REALLY happening, then return with better (and more complete) information and we will try to help. In the meantime, the GENERAL answers to your questions:
Q1) "now if they win in court,and i dont have the money,can they sheriff sale me??"
A1) I assume that you are asking, if they get a judgment can they seize your property and have a sheriff's auction?? The answer is yes, but each state exempts specific property from seizure and they could only seize your non-exempt property.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 10-20-2002, 03:25 PM
misswarren
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Posts: n/a
I really only have the facts i gave you,i was served with papers to go to court,if i dont go i will have a judgement against me.it has been over 10 years,and i have not been sent anything else.they must be able to win,or they would not have had a sheriff bring me court papers.i guess thats all .
  #4  
Old 10-20-2002, 03:58 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,545
You said, "they must be able to win,or they would not have had a sheriff bring me court papers.i guess thats all ."
Not true. You MUST file a response to their lawsuit to protect your rights. After you have filed your general denial, then you will need to get a statement showing the account history. If it as you have stated and the debt has expired, you simply file a motion for dismissal due to expiration of statute of limitations.

Do NOT let them win by your inaction!!
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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