Legal Question in Credit and Debt Law in Pennsylvania

My husband let his ATV be repossessed. At the time, he owed approx. 5k on it. He called and tried to make pymt arrangements. They would not work with him and said he either needed to pay the whole 5k or return the ATV. Since he didn't have 5k, the repo man came and got it. Now he was served with papers that he needs to appear in court and he didn't appear b/c he was afraid and we do not have $ for an attorney. Can he go to court to set up pymt arrangements? Also, now instead of owing the 5k, it is up to 7k. My husband did negotiate with the attorney to get the amt. down to 5K. My husband applied for a loan, but only got approved for 3500. The attorney will not accept 3500. The attorney said that they will put a lien against our home. In the state of Pennsylvania can they put a lien against our home without us giving them permission to do this? Also, the attorney is asking for my employer and my bank information. The attorney told my husband they would garnish my wages. Now I was NEVER on this loan. It was in my husband's name only. My husband is self-employed so, they cannot garnish his wages. Can they actually garnish my wages for a loan I was never on and I never defaulted on????


Asked on 2/16/10, 5:13 pm

1 Answer from Attorneys
Greg Artim Morrow & Artim, P.C.

First, they cannot garnish wages in PA. Second, you have a lawsuit against them. They cannot ask for your employer's name or bank information and they cannot threaten to garnish your wages.

There is no up front cost to file a claim against a debt collector. The attorney fees come from the other side, or, there is no attorney fee.

You need to contact my office right away for a free, no obligation consult. Judging from your zip code, you are right down the street from our office.

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Answered on 2/21/10, 8:34 pm


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