Legal Question in Credit and Debt Law in Pennsylvania
my daughter is being sued for a credit card debt of about $2,800.00. she does not own a home or car but does work full time and taking on-line college courses. it would be very hard for her to make a settlement deal as her funds are very tight. should she go to court or just make a settlement agreement even though it would be very hard for her to keep up with the monthly agreement plans.
2 Answers from Attorneys
It depends upon your daughter's particular case. These days, much credit card debt is sold or assigned to third parties who then bring a lawsuit in hopes of a settlement with the debtor. Many times, however, these third parties do not have the necessary documentation to even support the original debt; but sometimes they do. I have been very successful in handling just these types of suits against debtors.
If you'd like to discuss your daughter's case in further detail, feel free to contact me offline. My office is very close to you. Best of luck.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
It depends. Often, the suits are brought by third-party debt collectors, who don't have the correct documentation to legally sustain the suit. In other words, if the right motions are made, the suit will be dismissed.
Is she being sued in a magistrate's office or in court? If it's in a magistrate's office, it's very important to send back the "notice of intent to defend." Otherwise, there will be a judgment entered against her without ever going to court.
In either case, you should speak with an attorney. I've been very successful in defending these types of cases. Please email me if you have further questions.
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