Legal Question in Credit and Debt Law in Pennsylvania
Hello,
Around October of 2008, I purchased about $5000 in U.S rare coins using my credit card from a magazine. My address at the time was a UPS address.
Merchant promised to deliver the goods in 14 days. After making several attempts to resolve this matter, the merchant kept promising me to wait several more days. After 30 days, I still did not receive the package. While I made an attempt to cancel this transaction, merchant refused to cancel because he said the package was on it's way. After noticing the transaction was not yet charged, I canceled the transaction myself thru my credit card company. Several months later, I received a threatening letter to pay $5000 or I will be sued. I ignored the letter until couple of months ago when I was sued in court. The merchant claimed he sent the package and someone signed it. When I went back to the UPS store, the clerk has no package for me or remembers any package left for me.
I have few very important questions for you:
The name on the lawsuit was addressed to both me and my ex-wife. 1) Why is my ex-wife's name on the lawsuit?? 2) Does she have to go to court also?? 3) If I were to lose this case, can she be responsible? 4) If yes, can they put a judgement in her house? 5) What are my chances of winning the case, I do not have documentation to support my case.
Please answer those 5 questions for me in great details. I would gladly pay for your service.
Sincerely,
Daniel Kim
2 Answers from Attorneys
I suggest you speak with an attorney to discuss this more in depth. Where were you sued in small claims court or common pleas court. If neither you or your ex wife responds to the lawsuit by either following an answer or attending the hearing a judgement could be entered aganist you or you ex wife.. Without knowing more facts and seeing any paperwork on the case it is difficult to respond to your questions speak to and if necessary obtain an attorney immediately
You are asking some pretty serious questions that need more than an email response. You do mention that you were sued months ago, that could be a real problem. Typcially, you have to respond to a lawsuit in 20 days, and you dont mention if you actually did respond.
Can they sue your ex wife? Not unless she is part of the contract. Your exwife may have a lawsuit against them for unfair collections. Contact my office or the office of another consumer attorney to discuss this in greater detail. Again, this is too much of a question for an email response.
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