Judgement - No job or property

[Avenger83]

What is the name of your state? Pennsylvania

My wife just recieved a "Complaint in Civil Action" yesterday for a credit card debt that was incurred about 6 years ago. They are just now getting around
to the legal stage of collecting. The serving officer told her that she was required to hire an attorney to defend herself. She does not dispute the complaint, although it does say that she has not attempted to repay it. As a matter of fact, she had been repaing it through CCCS (counseling service) for over two years. The balance was never decreasing though, and she decided to try and negotiate a re-payment schedule directly with the credit company. They of course refused, and demanded full payment. That is where it has set now for the past 5 years (in limbo). They never contacted her about it (although they claim they have). My question I guess is; she has not worked for the past 9 months (she has numerous applications out, but no responses), she owns no real estate or vehicles, and has no bank accounts (everything is in my name). I am too strapped myself too be able to help her out at this time. What can they (card company) do to her if they proceed with a judgment suit. Does she need a lawer if she does not dispute the claim? Thanks in advance.

 

[seniorjudge]

How much money are we talking about and do y'all live in a community property state?

 

[Avenger83]

Thanks for the reply:

The amount is of the original debt was $1393 plus an additional $574 in interest plus $394 in attorney fees (total of $2362). I don't believe that Pa. is a community property state.

 

[tijerin]

If you're not in a community property state, then they can't touch you. They'll just get a judgement and work on collecting it forever. The judgement will be sold over and over again to collection agencies and you'll be continuously harrassed. If your wife ever does get a job, they could possibly garnish her wages. Any assets, in her name, not exempted by your state's law can be taken.

By the way, were you an authorized user of this credit line?

If so, whether you applied and or asked for a card, you may be liable also.

 

[seniorjudge]

"...They'll just get a judgement and work on collecting it forever. The judgement will be sold over and over again to collection agencies and you'll be continuously harrassed...."

No kidding.

 

[Avenger83]

Thank you for the info. No, I was not an authorized user of her account.

I did have many personal accounts of my own at one time that were in collection, but I managed to get everything paid off (I sold my home to do it). I am now trying to help her credit (it's not like she is trying to ignore these people), but it's going to take me some time (since I am still strapped from my own former credit problems).

 

[Florid-aise]

I am pressed for time at the moment and cannot provide the website post, but if I understand your post correctly, then the PA, Statute of Limitations would apply as a defense to the collection activities you describe.....possibly.

So, at least check on the SOL in PA in order to determine if you have standing to rely on it.

 

[seniorjudge]

Thank you for the info. No, I was not an authorized user of her account.

I did have many personal accounts of my own at one time that were in collection, but I managed to get everything paid off (I sold my home to do it). I am now trying to help her credit (it's not like she is trying to ignore these people), but it's going to take me some time (since I am still strapped from my own former credit problems).

When was the last time any payment was made on this or when anything was charged on this?

 

[Avenger83]

The last payment (through CCCS was about 4-1/2 to years ago). The reason that payments were'nt made after this is that she dropped out of CCCS to try and set up a repayment plan directly to the card company, and they refused, they wanted it all, in lump sum.

The last time a charge was made on the card was at least 7-8 years ago.

 

[seniorjudge]

Sounds like they are out of time.

There are creditor/debtor lawyers on this forum (and I am not one of them) who can tell you how to handle creditors who wait too long.

 

[Avenger83]

Thank you seniorjudge, I will try to post another entry, and attack it from the "too long" aspect. I just wanted everyone to know that she is NOT trying to duck out of this debt, but when the creditors won't work with you, what options are left? Thanks to all!