Legal Question in Credit and Debt Law in Pennsylvania

Civil Suit Credit Card

I live in Philadelphia, PA. I am being sued in Montgomery County, PA. All papers were served by the Sheriff to an address in Montgomery County. When I contested this the lawyer for the Credit card company said since I had other credit card statements going to that address they could do this. First off that's what happens when you try to be nice. My sister needed to get a Dell credit card and asked if I could put it in my name but have it sent to her address, I agreed. Had I known something like this could happen I would have had it sent to my address. Second... I never knew papers could be served without the sheriff asking for one of us to sign in person or even if we lived at this address. Especially since my sister has had at least 8 borders living at that house. Any one of them could have signed for it and that is why we never received the notice. I never knew anything until I went to the bank to take out money and was told my account is on hold! Now we have this judgement against us which has forced us into bankruptcy. Is that true about the other credit statements? I mean nothing else goes to that address. And is her house in jeporady of having a lien put on it? I don't understand how a loophole like that can exist.


Asked on 5/13/08, 9:22 am

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Civil Suit Credit Card

Without knowing what stage you are at it is impossible to advise you. If the credit card company has already obtained the judgment and you have filed bankruptcy then, if you own real estate, you need to file a motion to avoid lien impairing exemption in bankruptcy court. It sounds to me like they have the judgment and are executing against your bank account. There is a document that comes with the writ of execution that lists your exemptions. Be sure to fill that out and follow the directions on it to claim your $300.00 exemption in your bank account. This may not be automatic. You may also want to file a motion to strike or vacate the judgment since it sounds to me as if you are not yet in bankruptcy or the credit card company would not be attaching your account.

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Answered on 5/13/08, 10:02 am
James Monaghan Law Office of James V. Monaghan

Re: Civil Suit Credit Card

Venue is not proper in Montgomery County. The suit should have been brought in Phila. Service can be made on any adult living in your residence. Therefore, since you do not reside in Montgomery County, service is not proper. These issues must be raised in Preliminary Objections which must be filed promptly or you lose your right to raise them later.

If you want to fight this action, you must act quickly. Contact me to discuss further.

Jim

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Answered on 5/13/08, 10:51 am


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