Legal Question in Credit and Debt Law in Pennsylvania

Hire a consumer attorney. It is a really bad idea to handle one of these yourself, as you are finding out.

I would agree with Attorney Artim. I can help you answer the interrogatories for a reasonable fee but the question is whether you should spend money on litigation or not. The answer depends on information which you do not address. Who is suing you, an original creditor or a junk debt buyer? Who is the attorney for the plaintiff, if any? Since there is discovery, I assume this lawsuit is in the court of common pleas. But is it in arbitration? How much is sought in the lawsuit? What funds if any do you have available to settle the debt, either now or at some point in time? What assets do you own solely or jointly with others? What are your sources of income? Are you married and living with your spouse? Do you have any defenses to the debt?

The answers to these questions dictate what you do next. If suit is by a junk debt buyer and/or if the hearing is not scheduled for a date in the future (some counties have arbitration schedules and allow 6 months for discovery) and you need to delay a judgment it might make sense to hire the lawyer to help you fill out the interrogatories. On the other hand, if you have few assets or exempt income or no defenses to the lawsuit and suit is by an original creditor, then it might make sense to consult an attorney about your situation, but not necessarily address the discovery, and start saving up for eventual settlement or possibly bankruptcy. However, an attorney would need to make that call after consulting with you about the debt and your circumstances.

Either way, you should definitely consult an attorney who practices in the county where you live if you are leaning towards litigation. As I said, I can help you fill out the discovery, but I am not a litigator. I prefer to resolve debts for my clients, either before or after judgment, as except in certain situations, litigation is not productive when it comes to debts. I realize this approach is somewhat different from that of Attorney Artim or other attorneys. There is a place for litigation in the right situations. You just need to speak to someone to figure out whether it makes sense to litigate or resolve the debt by settling or filing bankruptcy (if you have at least $10,000 in dischargeable debt).

Even if you do not get a consult now, you should get a consult by the time judgment is entered to protect your assets - if a judgment is entered, depending on the creditor, they will try and execute by levying your bank account or seizing any other assets owned free and clear.

If you live in the eastern part of the state, feel free to call me for a free initial consult regarding a defense to the suit or a bankruptcy.

Very truly yours,

Matthew R. Nahrgang, Esquire

35 Evansburg Road

Collegeville, PA 19426

(610) 489-3041 ph

(610) 489-3042 fax

[email protected]

www.mnahrgang.com