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  1. #1
    batorideikou is offline Junior Member
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    Subpoena for debt?

    What is the name of your state? PA

    A few months back I started receiving letters from a local attorney on behalf of Discover stating that I was being sued, etc etc, and every so often I'd receive an "update" from them, saying they were tacking on interest, etc. I live pretty much paycheck to paycheck, used to make more, new owners, hours cut, wages cut, etc, definitely could not afford to pay this, still can't. Now this is not a matter of $20k or even $10k, it's around 6, so I can't really understand why they'd retain attorneys for so long and that are so pursuant over what most credit card companies would call "a small amount of money" if you got your card stolen and someone charged that much on it (at least that's what American Express calls $5700, had it happen to a family member). Anyway, last night I got a knock on my door apparently while I was at work, and a "subpoena" was served to my roommate for me. Now, for one, I thought that if a subpoena was served in person, it had to be served to the person that was being sued or whatnot and they had to sign for it? Because isn't that the point of the subpoena, to know the person that is supposed to be getting it, gets it? I mean otherwise my roomie coulda just thrown it in the trash and say I never got it, and she DID tell the person she was not me. (My name is a unisex name) So upon reading through this, apparently I have to produce tax returns and property deeds (not that I own any, that's just what this says), etc. It's from the court of common pleas and says Civil Division on the front page, does this mean I can be arrested? Also says "If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment." which also worries me. It says Civil Action No. AR-05-2825, so how is this a civil matter? It's a debt. Finally, it says "Take notice that the Deposition upon oral examination of Defendant, ______ (me) for the discovery of assets in aid of execution, pursuant to PA Rules of Civil Procedure 3117, 4001, et seq., will be taken in the offices of Weltman, Weinberg & Reis, Co., L.P.A., (their address) on January 25, 2006 at 10:00 am, and continuing thereafter if necessary.
    The scope and purpose of the examination will be to discover the existence and whereabouts of any and all assets of the Defendant. You are required to bring with you the following documentation." and then it goes on to list what I need to bring for 3 pages.
    So, I thought you could not get arrested for debts? Why all of the sudden do I have papers with the word Civil on it? And I was not aware you can be "summoned" to anywhere but court.... if anyone can give advice on this matter, I'd be appreciative, because I need to work every weekday literally to keep myself afloat, so.
  2. #2
    Some Random Guy is offline Senior Member
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    You are being sued for a bad debt. If you fail to answer the subpoena and follow the proper procedure for defending against the claim, you will at the very least have a default judgement rendered against you. This may mean wage garnashment seizure and leins against any of your assets (bank accounts, home, car, etc).

    If you have no idea how to defend against a lawsuit, I suggest
    1. get a lawyer
    2. Settle this with the people suing you right away.
    3. File bankruptcy.

    "Civil" means that another party is suing you. "Criminal" means the government is trying to put you in jail. Although there is a possibbility (according to the documents) that you will be imprisoned for failing to respond, the more likely prospect is that they will take all easy money from you and make your life hell for the next 10-20 years.

    If you truly have no assets, try option 3.
  3. #3
    batorideikou is offline Junior Member
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    I forgot to mention that this is ongoing.... the default judgement was already entered a few months back. This, now, is AFTER the judgement had been placed against me. Also, I didn't think that they could garnish in PA. If the judgement has already been placed by default (I didn't defend myself because it IS a legit debt), can I still file bankruptcy now and that will wipe that part of the slate clean as well? I was considering doing this before and I even went and saw an atty on the matter, but it was $600 up front and $400 later, and well, like I said, I have NOTHING, so I did not have $600 to give, and still kind of don't.
  4. #4
    batorideikou is offline Junior Member
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    Also, I never got anything served in person (although they were as "official" looking as these papers) from the initial time I was notified I was being sued up till now, so that's what concerns me, this was all done through mail before, now I get a visit from someone serving papers?
  5. #5
    debtcollector` is offline Senior Member
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    Quote Originally Posted by batorideikou
    A few months back I started receiving letters from a local attorney on behalf of Discover stating that I was being sued, etc etc, and every so often I'd receive an "update" from them, saying they were tacking on interest, etc.
    So you were sued.

    Quote Originally Posted by batorideikou
    Now this is not a matter of $20k or even $10k, it's around 6, so I can't really understand why they'd retain attorneys for so long and that are so pursuant over what most credit card companies would call "a small amount of money" ...
    See you were sued and lost. Now everytime their lawyer thinks about your case, you get to pay for it. What happens is the attorney petitions the court to add his fees to you bill. And the court will.

    Quote Originally Posted by batorideikou
    Anyway, last night I got a knock on my door apparently while I was at work, and a "subpoena" was served to my roommate for me. Now, for one, I thought that if a subpoena was served in person, it had to be served to the person that was being sued or whatnot and they had to sign for it? Because isn't that the point of the subpoena, to know the person that is supposed to be getting it, gets it? I mean otherwise my roomie coulda just thrown it in the trash and say I never got it, and she DID tell the person she was not me. (My name is a unisex name)
    So you got it. The service must have been effective. You can check the law of your state to be sure but I'm sure that service is okay.

    Quote Originally Posted by batorideikou
    So upon reading through this, apparently I have to produce tax returns and property deeds (not that I own any, that's just what this says), etc. It's from the court of common pleas and says Civil Division on the front page, does this mean I can be arrested? Also says "If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment." which also worries me.
    You should be worried. Yes, you can go to jail if you don't show up or bring the documentation with you. You ignored the judgment proceedings; it would not be in your best interest to ignore these. I've known a couple of judges and as a rule they greatly dislike being ignored.

    Quote Originally Posted by batorideikou
    So, I thought you could not get arrested for debts?
    Well, welcome the real world. You have shown a lack of responsibility and the court is going to make you responsible or you may very well spend some time in jail.

    Quote Originally Posted by batorideikou
    Why all of the sudden do I have papers with the word Civil on it? And I was not aware you can be "summoned" to anywhere but court.... if anyone can give advice on this matter, I'd be appreciative, because I need to work every weekday literally to keep myself afloat, so.
    And to court is where you are being summoned. Get ready because you are soon going to lose a considerable portion of your income and a large amount of non-exempt property.

    DC
  6. #6
    Ladynred is offline Senior Member
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    Wages cannot be garnished in PA, but he will probably lose every penny in his bank account !!

    Now, for one, I thought that if a subpoena was served in person, it had to be served to the person that was being sued or whatnot and they had to sign for it?
    Nope, personal service is NOT the only requirement in most states. As long as it is delivered to your last known residence, to a person over 16 years old, YOU are considered served.

    It really doesn't matter, you LOST the case, and now have a judgment against you.

    So upon reading through this, apparently I have to produce tax returns and property deeds (not that I own any, that's just what this says), etc. It's from the court of common pleas and says Civil Division on the front page, does this mean I can be arrested? Also says "If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment."
    All this means is that you are being dragged into court for a Debtor's Exam where you MUST produce all those documents that you have; you MUST tell them all your personal information about where you work, where you bank and everything you own. If you do NOT appear in court, a warrant for your arrest will probably be issued for contempt of court !!

    As for the 'small amount" of 6K, Discover would sue your DOG for the price of his chew toy ! Discover sues very aggressively and for amounts far smaller than 6K !!

    Time to face up to your plight - you were sued, you ignored it, you lost, and now they are GOING to do everything in their power to get paid.
  7. #7
    cdimagician is offline Junior Member
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    There is no collateral for credit card dept.

    Because this is credit card dept. And no collateral was named, can the attorney go after her car or house now?
  8. #8
    Antigone* is offline Senior Member
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    Quote Originally Posted by cdimagician View Post
    Because this is credit card dept. And no collateral was named, can the attorney go after her car or house now?
    This thread is 5 years old. Please don't necropost. If you have a question, please start your own thread.
  9. #9
    Sonix is offline Member
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    Ladynred

    What is considered the last known residence?

    Drivers licence address etc? Or can they just say anything, sort of like those mortgage robo-signers people who took part in our recently created Real estate fraud crimes?

    As long as it is delivered to your last known residence
    About a year ago I was served at an address that was over ten years old, but the person knew me. I challenged the afidavid (?) and won because the debit was 30 years old and from a company that went out of business 20 years ago.

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