Legal Question in Bankruptcy in Pennsylvania
''Default Judgement'',''Sheriffs Sale''??? I think I need help!
I really got myself into mess! Years ago I had financial difficulties that put me deep into debt with many creditors.I lost jobs and was ill etc. My debts were about $10,000 at the time. Well, the other day, I got served a summons that I am being sued by one of the crditors. I'm sure some of the others will soon follow. This all took place back in 1998 by the way, and I haven't used nor had a credit card since. I have been on social security disability since 2002. I know I did owe, but now they all say the total is up to about $20,000! No Way can I pay. I couldn't pay then and I can't pay now. I asked one attorney advice, and was told to let the suit go into ''default judgement'', and then they will try for a Sheriffs Sale. When they do that, the attorney says he/she will file for bankrupcy for me. They are sending me some forms. Something feels odd to me, or am I just not understanding something? Is this the proper way it is done? I hope you can make me feel more at ease. This is a horrible experience!
2 Answers from Attorneys
Re: ''Default Judgement'',''Sheriffs Sale''??? I think I need help!
In Pennsylvania, there is a 4 year statute of limitations on contract actions. That means that any debt owed for credit cards or loans cannot be collected in a suit which is filed more than 4 years after the date of the last payment. If you made payment on any of this debt within the last 4 years, that will toll the statute.
The first question I have is whether this creditor was paid anything in the last 4 years. If not, you have a complete defense.
However, a bankruptcy is a simple solution to all your debt. It involves one fee and will eliminate all the debt. So the strategy suggested makes sense.
I would feel more comfortable talking to you about it to be sure of the facts and then I could properly advise you on your options. Feel free to call or E-mail for a free initial consult.
Re: ''Default Judgement'',''Sheriffs Sale''??? I think I need help!
Sometimes it makes sense to wait before filing for bankruptcy protection to see if creditors are serious about pursuing debts. You have been sued, so it is clear that at least one is serious. If you are going to have to file for bankruptcy protection sooner or later, I do not see any benefit to waiting until a judgment is entered against you.
Also, the standards for filing Chapter 7 bankruptcy get more stringent as that part of the new bankruptcy bill goes into effect on October 17, 2005. For those who need to file under Chapter 7 (elimination of debts, not reorganization), filing before that date generally is a good idea.