Legal Question in Credit and Debt Law in Pennsylvania
I am being taken to court due to a credit card. My balance was $750 and monthly payment was $30. In a matter of one month my monthly payment was increased to $89. I could not keep up and was eventually sent to collections. A law firm contacted me to negotiate a settlement. I offered to pay $50 a month but they said they couldn't do that. I later received a notice that I needed to appear in court. I responded to the magistrate that I would be there to defend myself. The law firm then sent me a letter saying that I should contact them because they would be able to offer me a lower payment that originally stated. I called them and the payment was increased. They told me if I dont pay them $179 up front and $75 a month then let them take the rest out of my income tax that they will proceed with a court hearing. I need my income tax money to pay for medical bills. She said they are not a collections agency and I must do as they tell me.
The woman I spoke to also told me when we go to court that if I don't pay what the firm wants that I will go to jail since I don't have assets for them to seize. Please help me. What should I expect to happen at court? What are my rights? What does this law firm have the right to do? I can only afford so much a month.
1 Answer from Attorneys
They have violated the law by telling you that you would go to jail. There is no jail. As a result, you can sue them and they may owe you money as a result.
There are also very likely valid defenses to their suit against you. You need an attorney to represent you. I do these kinds of cases and would be willing to talk further. Email me if you wish and give me details about who the law firm is, who the plaintiff is in the suit against you, and which bank the original credit card was with.
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