Legal Question in Credit and Debt Law in Pennsylvania
Can a collection agency file a lien and take my home?
Without going into morbid details a debt was incurred in 1998 on a credit card. My husband became ill, having $$$$ of medical bills, passed away in 1990 with no life insurance. Because of circumstances that bill was left unpaid. They have now served me with a civil action for collecting the debt which has gone from $1500 to $3800 + court costs. They have said that a judgement will be placed against my home and they will execute judgement to sell it. I have lived here for 37 1/2 yrs and it is the only thing I have. I have been in poor health for the past 5 years, having 2 stokes, a heart attact, 2 emergency surgeries,I have become insulin dependent with diabetes and no health ins.The last stroke left me disabled, my 4 month old granddaughter was murdered by my son-in-law in Sept by brutally shaking her. I am in the process of applying for disability but they tell me it will take months to be approved. The collection agency refuses to accept monthly pmts and will not settle for anything less than $3000 right now. Can they take my home away from me? How else can I handle this situation. No pmt has been made or concact in the past 5 years until they sent this notice. Can you please advise me? I have no funds for an attorney.
2 Answers from Attorneys
Re: Can a collection agency file a lien and take my home?
You need to defend this action. The statute of limitations is 4 years on this type of debt. It would provide a complete defenese. You may qualify for legal aid. I offer free consultations.
Re: Can a collection agency file a lien and take my home?
The statute of limitations is 4 years for this. However, I am reading into your question a bit, and it seems that you called the collection agency and talked with them. If you did so, you may have started the statute of limitations over again if you acknowledged that it was your debt...saying something like, "yes, I do owe that, but...." or "yes, that's my credit card..."
That would have been a really terrible mistake.
In whose name was the credit card?
You need to talk with an attorney and defend this action by the collection agency. You also need to talk with an attorney about your disability claim.
Contact me if I may be of help to you in either regard.
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