discover card suit please help

[albertammons]

I got a discover card while living in CA and am being sued in PA because I gave a friend's PA address to receive my mail while I'm out of the country. The marshall served the notice of civil action to me through my friend who faxed it to me. I expect to be living in Europe for another 3 years and the amount of the bill now is $7,200. I still have one important asset in my name in the US (a painting) which I pay storage fees on every month. Now my questions:

1. The marshall told my friend his house could be at risk because he's receiving my mail. Is that possible?

2. Do I have to respond to the suit since there's no real proof I've received notice of it. If asked, my friend would admit he faxed it to me but I suspect that might not be enough (it went through eFax to an anonymous email account).

3. I used to pay the credit card through my US bank account so I assume they know my bank account number. Can they freeze this account?

4. Can they get ahold of these bank account records and find the painting I'm paying monthly storage fees on through this bank account and seize it?

5. I could conceivably start making small repayments on the card in about 3 months...should I call the attorney and suggest this?

Thanks tons for any help, I'm at a bit of a loss to know what to do and I can't afford to come back to the states to try to deal with this.

1. The marshall told my friend his house could be at risk because he's receiving my mail. Is that possible?

Did your friend agree to pay your bills?


2. Do I have to respond to the suit since there's no real proof I've received notice of it. If asked, my friend would admit he faxed it to me but I suspect that might not be enough (it went through eFax to an anonymous email account).

It does not appear you have been properly served.


3. I used to pay the credit card through my US bank account so I assume they know my bank account number. Can they freeze this account?

If they get a judgment against you, then this account can be attached.


4. Can they get ahold of these bank account records and find the painting I'm paying monthly storage fees on through this bank account and seize it?

No.


5. I could conceivably start making small repayments on the card in about 3 months...should I call the attorney and suggest this?

Yes. People like you make it more expensive for others to use credit wisely. We would appreciate it if you kept your word. Thank you.

[JETX]

Originally Posted by albertammons

1. The marshall told my friend his house could be at risk because he's receiving my mail. Is that possible?

Possible? Yes, in some extremely unusual situations. Likely?? No.

Do I have to respond to the suit since there's no real proof I've received notice of it. If asked, my friend would admit he faxed it to me but I suspect that might not be enough (it went through eFax to an anonymous email account).

No, you are not REQUIRED to respond. In fact, when you don't show, the court will grant a default judgment against you.

I used to pay the credit card through my US bank account so I assume they know my bank account number. Can they freeze this account?

With a judgment, yes.

Can they get ahold of these bank account records and find the painting I'm paying monthly storage fees on through this bank account and seize it?

Can they?? Yes. Will they?? Probably not.

I could conceivably start making small repayments on the card in about 3 months...should I call the attorney and suggest this?

Of course that would be the best solution. A judgment against you is NOT good news. Especially since a judgment in PA is good for 5 years and renewable!!