Legal Question in Credit and Debt Law in Pennsylvania
I am attempting to settle a debt which is in the hands of a NJ based collections law firm, I live in PA. If no settlement can be reached, what are legal the actions they can take against me if I don't have assets to my name? They threatened me with jail, is that possible?
2 Answers from Attorneys
In PA, assuming this is something like a credit card debt, you cannot be put in jail.
Depending on the circumstances of the debt, the most likely scenario is that they can sue you civilly and recover a judgment. Once a lawsuit is file, that exposes you to even more costs so it would be better to resolve now if you can. PA has some unique exemptions and depending on your circumstances, assets may or may not be at risk, including your bank account.
You indicate that this as an NJ collections law firm. There are several that I am familiar with -Hayt, Hayt & Landau, Apothaker & Associates, Nudelman, Klemm & Golub. All of these have PA-licensed attorneys and all of them can and will sue.
What you do depends. If you have a valid statute of limitations defense, maybe you do not even try to settle and wait and see if they sue. If that happens, you would then hire an attorney to assert the statute of limitations on your behal.
If you want to settle, that is admirable. But don't do this without consulting an attorney first. If you settle and the debt is barred by the statute of limitations, you run the risk of reviving the debt. And even if you don't have a statute of limitations issue, if you don't get a settlement letter and keep it, then the creditor can always sell off the debt and you will have to pay again.
I give free email consults; I charge $50 for a 30-minute phone consult. I also can assist in settling debts for a reasonable fee.
If I knew more about who owned the debt and which law firm was trying to collect and for what kind of debt, I could give you more specific advice about your situation. Please contact me at [email protected] if interested.
I agree with Ms. Hunter's assessment but would add a couple important points. If the creditor that is collecting, as opposed to the lawyer they are using, is not the original creditor, you may have a good defense.
Also, depending on the amount of your debt, you could consider a bankruptcy. I would be happy to talk to you by phone or in person on a free initial basis.