Legal Question in Credit and Debt Law in Pennsylvania

Credit card debt and small claims court

I had a Providian card in PA (I live in MA)and after a period of nonpayment, they sold my account to Emerge without my knowledge. I was in college and semi-unemployed so I accepted their credit protection. When I called to activate, they said I had to have been working a fulltime job to activate. When I finally had money, I called to (Providian) to make a payment, they said it was now an Emerge account. Emerge was not able to help me with my payments and soon sent the account to collections. I have had 2 or 3 collectors for the same debt. Now I have to go to court next month. I called the atty and she said I opened the account in 2000 and last delinquency was 2002. I asked her to provide me with all the info to the case so I can familiarize myself and she said she will give it to me in court.They are suing for $2000 but the limit was never that high.If the account was opened in PA, would the SOL be effective? What should I do? I am concerned because I have been scammed before. Should they not provide me with all the info re: the account? Please help me.


Asked on 3/17/06, 2:24 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Credit card debt and small claims court

The debt should have a 4 year statute so if the last breach was more than 4 years before the lawsuit was filed it would be a defense. Another defense is to object to any documents unless the creditor can establish authenticity. The creditor's records are genreallly just introduced by an attorney and not by an employeee who could certify their genuiness or that they are business records.

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Answered on 3/17/06, 2:37 pm


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