Legal Question in Credit and Debt Law in Pennsylvania
credit card civil action what do I do?
I got a discover card while living in CA and am being sued in PA because I gave a friend's PA address to receive my mail while I'm out of the country. The marshall served the notice of civil action to me through my friend who faxed it to me. I expect to be living in Europe for another 3 years and the amount of the bill now is $7,200. I still have one important asset in my name in the US (a painting) which I pay storage fees on every month. Now my questions:
1. The marshall told my friend his house could be at risk because he's receiving my mail. Is that possible?
2. Do I have to respond to the suit since there's no real proof I've received notice of it. If asked, my friend would admit he faxed it to me but I suspect that might not be enough (it went through eFax to an anonymous email account).
3. I used to pay the credit card through my US bank account so I assume they know my bank account number. Can they freeze this account?
4. Can they get ahold of these bank account records and find the painting I'm paying monthly storage fees on through this bank account and seize it?
5. I could conceivably start making small repayments on the card in about 3 months...should I call the attorney and suggest this?
2 Answers from Attorneys
Re: credit card civil action what do I do?
If you have never been a resident and only utilized your friends address for mail, you were probably never subject to the jurisdiction of the court of PA. You need a lawyer to argue this.I offer free consultations.
Re: credit card civil action what do I do?
I agree with what Mr. Johns indicated with regard to jurisdiction of the PA courts. On the substance of the matter, you do not say how old this debt is, when you have acknowledged the debt, how long its been since a payment has been made, etc. These are all critical questions.
To your specific questions: 1) No. 2) See Mr. Johns' answer on jurisdiction. With regard to constructive notice, did you speak with your friend about it, or did he just fax it to your efax account? 3) Yes. 4) Yes. 5) Depends on the jurisdiction question. Don't acknowledge the debt in any way until that is resolved.
These are merely general answers, based on what you wrote. Discuss this matter with an attorney.
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