Legal Question in Credit and Debt Law in Pennsylvania
Interrogatories in aid of execution
There is a judgment against me for around $1500 by Capital One Bank. I do have one other judgment for about the same amount as well. I just got the Interrogatory letter in the mail, not certified, not by sheriff. Most of my things are in my wife's name too including bank account but I am the only one named in the judgment. Do I have to return this since it was not delivered by sheriff and, can they attach my bank account or force a sale of my car if it is in my name AND my wife's?
It seems like, for this amount, they may be on a fishing expedition. I would appreciate any help as I am more than struggling now. Thank you.
1 Answer from Attorneys
Re: Interrogatories in aid of execution
Of course they are fishing, they have no other choice if you have not voluntarily paid.
That document does not need to be delivered by the sheriff. First class mail is fine.
Assets that are jointly owned with your wife are not subject to execution.
You do need to answer the interogs, though, or Capital One will go to a judge who will compel you to provide the answers.