Legal Question in Credit and Debt Law in Pennsylvania

Credit card dept

I received a summons to appear in court on 5/20 due to unpaid dept. with a credit card. I have had major credit issues and all my other credit cards have worked with me and or settled issued but this card would not negotiate with me (Discover Card). I was referred to a financial counnselor who advised me to stop paying on the dept. since it went to collections. Now the hearing has come up and I can't afford legal assistance to go with me so I wanted to know if it's ok for me to contact the law office that is representing them before the hearing to see yet again if I can try to negotiate and avoid court? I have never been to court before so I'm worried about going and representing myself. I was also told by my financial advisor that credit card companies can not garnish wages in the State of PA. Is that true?

Thank you!


Asked on 4/30/08, 8:52 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Credit card dept

Don't contact the lawyer. Often these things are filed and the lawyer doesn't show up. They count on most people to not show up at the hearings and they get a default judgment. If they don't show up, and you do, the case will be dismissed.

They cannot garnish wages. If they do show up, the judge will issue a judgment against you if they can prove that you owe it.

However, many times, all they have is documentation from the collection agency, but no documentation of the original debt. They need documentation of the original debt, from the original creditor, to prove that you owe.

You really should go with an attorney. Depending on how much you owe, it would be well worth your while to hire an attorney to assist you.

Feel free to email me regarding this.

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Answered on 4/30/08, 12:32 pm


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