Legal Question in Bankruptcy in Pennsylvania
Judgement
Hi, I just found out that I have judgement against me of $44,000. This came as the result of my so-called friend filing bankruptcy she claimed that as a result of loaning me this money she was forced to file bankrupcy. It was found in her favor on the account of default of response from me. My Mother passed away at the same as her lawyer had tried to contact me. So, I did not recieve a notice until after the fact. I always thought that if you are summoned you must sign for the summons. My question is do I have a right to appeal this nonsense and if not can I file bankruptcy for this matter. Any information I would so appreciate .
2 Answers from Attorneys
Re: Judgement
When a judgment is entered against you by default, your only remedy is to file a Petition to Open and/or Strike the Judgment. If you seek to contest the allegations of the complaint, such a Petition must be filed promptly. While there is no specific definition of �prompt�, if you file within 10 days of the judgment and attach a copy of the proposed Answer, the judgment must be opened. The only other condition is that you raise a meritorious defense.
If you seek to strike the judgment because the rules regarding service were not followed, you can file such a petition at any time. But you should consult with an attorney immediately if you wish to consider these options.
If you do indeed owe the money, you should consider a bankruptcy. Assuming you qualify, it is the quickest and simplest way of eliminating the debt which I assume you cannot pay.
I practice in the Eastern and Middle Districts of PA so I can help you if you need it. Feel free to call or E-mail on a free initial basis.
Re: Judgement
You might consider filing an appeal, if the judgment had been rendered within the last 30 days. If the judgment had been decreed from a Board of Arbitration, an appeal would force the claimant to appeal the matter to the Court of Common Pleas. If that option is not available, because, e.g., the 30 day period has run, or you do not have a viable defense, yes, you do have the option of bankruptcy, if you and the loan fit within certain criteria. Any attorney knowledgeable in bankruptcy law should be able to quickly ascertain whether or not you and the loan fit within that criteria. Be sure to request a free consultation, and be sure to make it clear before you take any action, that you would like the attorney to more or less guarantee that the loan/judgment is dischargeable, before you pay any money to the attorney. Good luck.
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