Legal Question in Credit and Debt Law in Pennsylvania

Interrogatories letter in PA

I had a default judgement placed against me recently from a CC and I just received an interrogatories letter from their attorney.

My question is one of the questions is asking "What televisions,stereos,VCRs,camcorders, or other electronic/camera equipment do you have an interest in?"

What exactly are they asking? Do they mean items I am currently paying on or items that I myself own? How do I properly list to satisfy this question? Do I have to provide specifics like brand and model/serial numbers or are they asking for a count of how many? Or are they only looking for items of a certain age and value?

Also, do I mention the age of these items? Most are older than 10 years old.

Thank you for your time and your answer in advance..


Asked on 12/14/13, 10:13 pm

1 Answer from Attorneys

You should get help before you fill these out. These are post-judgment interrogatories. That means that the creditor (probably Weltman, Weinberg & Reis) is trying to find out what you own so they can have the sheriff come and take it.

PA does not provide any exemption for personal property (except clothes, a Bible, sewing machine and uniforms). So unless its marital property it is fair game for seizure. It does not matter whether its 10 years old or not. However, the older an items is (although it cannot be a valuable antique) the less likely its worth anything other than yard sale value. Nobody is going to want to buy a tv from 1995 or even 2000.

Your best bet would be to either file bankruptcy (if you have dischargeable debts over $10,000) or else work out some kind of payment arrangement. Failing that, I would hire an attorney to go over the interrogatories with you.

Regarding your question, if you want to get so detailed as to provide a make/model/serial number go right ahead. That would be like painting a bulls eye on yourself, loading a gun, handing it to your opponent and telling the opponent to shoot you with it. Dumb.

The creditor is looking for valuable items that can be seized by the sheriff and sold. Electronic items that are 10 years old are not going to be worth :so if an item is old, you might want to say something like:

1 black & white 32-inch 10 year old tv

camcorder

vcr player

This is an example. Obviously you have to answer based on your circumstances. I also have not seen the particular interrogatory but am making an educated guess based on those I have seen.

I do not understand your reference to "currently paying on." Either you own it or you don't. If you are renting to own from a place like Rent-A-Center, you don't really own it because if you stop paying on it then you have to give the item back. An exception would be if you bought a valuable item like a big screen HD tv and financed it. However, things like that cannot be seized because the finance company usually keeps a security interest in it. Anything with a lien cannot be seized.

How many tvs etc. do you have? If you have anything nice or brand new, I would make sure it is not at your house when the sheriff comes to look around.

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Answered on 12/16/13, 11:43 pm


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