Legal Question in Appeals and Writs in Pennsylvania

My state is PA. Me and my wife have been served a Writ of Execution from Discover card for the follow amounts, $1,354.91 plus $179.74 in interest and O.C.P.P. fee of $291.10 and Writ fee of $46.50 for total of $1872.25. They served it to 2 banks we have accounts in and now both banks are holding $1872.25 each. How can they hold twice as much as they claim we owe? 2 years ago we made an agreement to make 24 payments and have made all 24 payments on time and never late. After we made the last payment they said they had a judgment against us and now we owe an additional $1,354.91. I refused to make the extra payments, because that was not what we agreed on. Now we have this Writ and they are holding $3744.50 of my money. Any suggestions would be helpfully? Thanks.


Asked on 6/09/11, 7:15 pm

1 Answer from Attorneys

This is a collections issue.

PA allows you to keep less than $300 in your bank account. If you have more than that, the bank will seize it and turn it over.

Did you get any agreement in writing? Did the agreement say that no interest was owed?

You have messed this up by paying them without any kind of written agreement in place. You also messed up by not making the payments. If they had a judgment against you and you claimed you made the payments, you should have provided proof and asked for an explanation, not simply stopped paying.

Since you have made a hash of this I really don't know what to tell you. I would call them and see if they will settle for something reasonable - depending on the creditor, most will accept between 50% and 80% of whatever the judgment was for. Discover is bad - they usually ask for between 65% and 80%. I don't know what the amount of the judgment was or how much you paid. PA judgments earn interest at a rate of 6% per year. So for every month you paid, some portion went towards interest and the rest towards the balance. You need to get the firm to give you an accounting, taking into account all funds that you paid in. They need to give you a breakdown of how much went to interest and how much to principal. I also don't know when you stopped paying. After you get the accounting and can see what is really owed, I would make an offer to let them have some of what was seized if they will accept it. If so, get this in writing. And get them to mark the judgment as satisfied once the funds are paid.

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Answered on 6/10/11, 5:30 pm


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