Legal Question in Credit and Debt Law in Pennsylvania

credit card debt

I have credit card debt in my name alone I incurred during my marriage. I s my husband responsible for it and to what extent? The collector who called my husband discussed the debt with him, was he allowed to do this? The collector also said he was going to take our house, garnish wages, etc. What can the collector say or do?


Asked on 6/19/08, 9:53 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: credit card debt

You asked about consumer card debt collection.

Go see an attorney. We love these cases. When the debto collectors violate the law they are subject to statutory penalties for such violations AND they usually have to pay the plaintiff's attorneys fee and legal costs.

In PA wages cannot be garnished for consumer debt. If the creditor obtains a judgment then they may put a lien on the house but they cannot foreclose on that lien.

Take a look at the Fair Debt Collection Practices Act. In general answer the phone and don't get emotional when speaking with the person. They are just doing a job and following a script. They win when you get emotional. Instead, take notes of the conversation or better yet buy a digital recorder and record these conversations (YOU MUST INFORM THE PARTY THAT YOU ARE RECORDING the conversation. Just inform them, there is no need to ask their permission. If their conversation begins by informing you that the call may be recorded then you don't even need to inform them that you are recording.

Then go to an attorney and let him/her instruct you on how to proceed. Some people just want to stop the harassment. Other people enjoy egging on the debt collectors and then suing. (The latter is both fun and profitable.)

And yes the debt collector can speak with either marital partner.

Regards,

Roger

Read more
Answered on 6/19/08, 10:16 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania