Legal Question in Credit and Debt Law in Pennsylvania

I live in PA and had a credit card sue me they had my bank account frozen I can't access any of my money to pay bills get food or even buy gas to go to work is this legal


Asked on 3/16/13, 4:07 am

2 Answers from Attorneys

Of course its legal. You were sued and ignored this. You did not take steps to contact an attorney like me to find out how to protect yourself.

Had you done so, I would have advised you to keep no more than $300 in any one bank account as it would have been protected. I would have advised you to stop all direct deposits and get a paper check or to close your bank account and bank at an online bank, out of state bank or very small community bank or credit union located 25-25 miles from your home, or to use a prepaid debit card or go on a cash only basis. I would have told you about the other consequences of a judgment. I would have told you there is no wage garnishment in Pennsylvania assuming this is a Pennsylvania judgment and you work for a Pennsylvania employer.

However, you did not seek help and now its too late. That money is gone and it is not coming back unless its exempt income like Social Security or something like that. The creditor does not care about your other bills or living expenses so you will have to see if friends or family can help.

I don't know how much the judgment is for because you did not post any relevant details, but if I were you, I would close this bank account immediately to prevent another levy. I would stop any direct deposits immediately. I would look to set up an online bank account or get a prepaid debit card immediately.

If you have at least $10,000 in dischargeable debt, you might want to consult a bankruptcy attorney and look to filing bankruptcy. Under the bankruptcy code, there is a slight chance that the money can be returned to your bankrupt estate. If bankruptcy is not feasible, you might want to consult with a consumer law attorney to see if its possible to get the judgment opened. However, litigation costs money and it appears that you don't have it. However, attorney's give free consults so you can find out. If the judgment is opened, you might also be able to get the money back but getting the judgment opened is a long shot. There are very limited grounds and if you knew about the lawsuit, have no valid defenses to the lawsuit and did not act promptly, the motion is unlikely to be granted.

Sorry - if this is not what you wanted to hear, but you have to accept responsibility here for not acting sooner.

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Answered on 3/16/13, 12:21 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

The previous answer is correct. You may have been able to win the suit if you hadn't ignored it. We often get credit card collection suits dismissed because collection agencies seldom follow the court rules. But, since you ignored it, now they have seized your bank account.

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Answered on 3/16/13, 10:54 pm


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