Legal Question in Credit and Debt Law in Pennsylvania
Credit/Civil Action
I had credit cards in the past with my sons father he ran the charges up by buying several guns and various other things. I left him and was making payments on the cards till I could no longer afford to pay. I stopped paying in Feb. 2002. I recieved a certyified letter two days ago saying I have a court date in Nov. The original civil complaint is dated 9/29/05, does the PA statute of limitations apply??
1 Answer from Attorneys
Re: Credit/Civil Action
This is not easy to answer. The certified letter tells me that this is before a District Magistrate. That means that the credit card company did not obtain service of the Complaint for about two years. I think you should go to the Hearing and ask that the Complaint be dismissed. Under Rule 314 D if the Complaint is not served within 60 days of the filing of the Complaint the Magisterial District Judge is required to dismiss the complaint without prejudice. Although they may reinstate, that puts them outside the Statute of Limitations.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
