Legal Question in Credit and Debt Law in Pennsylvania

Can a Collection agency sue me? I live in Pa and I have not paid my credit card for atleast 3 years now. It start with me graduating college with a huge credit card bill and no means to pay it... I decided I would rather keep a roof over my head and food in my belly then pay. Now hayt hayt & landau says they are going to take me to court to get the 5000 i owed chase bank. Someone by the name of Debra Parker... can they do this? and what are my options?


Asked on 3/09/11, 7:09 am

2 Answers from Attorneys

Amy Bennecoff Ginsburg Kimmel & Silverman

From what you state, it sounds like they are still within the statute of limitations, and therefore, could sue you for this debt.

I am not sure how you were put on notice that they may sue you. If they sent you written correspondence, it should indicate you have 30 days to request verification of the debt. So you may want to send Hayt Hayt and Landau a letter requesting verification of this debt. Your rights regarding verification of the debt are set forth in the FDCPA (Fair Debt Collection Practices Act). This statute is available online.

If they already filed a lawsuit against you, you will need to file an answer and will need to appear at a hearing. Many firms, such as mine, assist consumers with such matters; some at no or very little cost to you.

Some debt collectors will also negotiate settlements at a lower amount. However, you should look into how this will reflect on your credit report, and if there are any tax consequences involved with any settlement you may consider.

If you need additional help, please feel free to contact me at 800-NOT-FAIR.

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Answered on 3/09/11, 8:27 am
Solomon Weinstein Solomon Weinstein, Esquire

they can sue you if the debt is less than four years old and you have made no payments toward the amount during the period which could extend the time period to bring suit. You would be well to discuss your situation with an attorney. if you would like to speak further with my office fel free to contact me.

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Answered on 3/09/11, 9:47 am


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