Legal Question in Civil Rights Law in Pennsylvania
I just typed up an answer to a summons that my wife received from a credit card. How do I proceed with answering it and does she have to turn it in to the prothonotary herself or may I drop it off?
1 Answer from Attorneys
If it is just a Summons, no answer is necessary. If it is a Complaint, then an answer is necessary. I would srongly suggest , if it is a complaint, and it is filed in Common Pleas court, I strongly suggest you consult with a lawyer. If it is in District Justice court (small claims), you just notify the court that you intend to defend the case. No actual answer is required. You cannot act as your wife's attorney.
If the credit card is in your wife's name, and a judgment is entered against your wife, the credit card cannot execute any marital property that you own jointly. Also, there is a 4 year statute of liitations in PA from the date of last payment or use of the card.
I would go to the hearing (if small claims court) and work out a payment schedule with the lawyer for the credit card company. Sometimes, depending on the debt, they will take as little as $25.00 a month.
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