Legal Question in Credit and Debt Law in Pennsylvania

Credit card judgement

Last year I was served papers to go to court for a credit card account I had from college with Discover card. The hearing notice stated I did not have to appear if I agreed with what I was being charged. After that I never received anything on the hearing (although they state they have sent) and just the other day I was going to my bank to pay rent to find that the lawyer covering the collection had frozen my bank account. Since I have direct deposit through work, this was my entire paycheck. So now I am without funds to pay all of my other bills. I called the law firm handling the case and they said that I had to pay in full and said I couldn't make any payment arrangements. How can they take my whole paycheck and leave me nothing to live on. I talked to a lawyer from New Jersey and he said I should check the law in PA and see if they can do that, because in NJ that is illegal and that I should get help from an attorney. Is he correct in saying this?


Asked on 8/08/06, 12:54 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Credit card judgement

It depends on a number of factors including what state you live in, the state where the account was opened and where the account is maintained. In Pennsylvania, while a garnishment cannot take a whole paycheck an amount direct deposited ceases to be a paycheck and an attorney judgment creditor can garnish your bank accounts.

You really need to speak with an attorney regarding this matter to fully understand all the issues. There may be other avenues open besides paying the debt.

Regards,

Roger Traversa

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Answered on 8/08/06, 2:25 pm


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