Legal Question in Credit and Debt Law in Pennsylvania
Judgement in PA
I have a creditor seeking to be paid on a long ago debt. I've been out of work for the past four years and could not pay my personal creditors, so they went delinquent. They hired an attorney to recover this dept. One night a sheriff deputy came to my home telling my husband if I don't settlle this dept with the plantiff they will come in and change the locks and sell what ever property I have inside my home to try and pay off the dept. Can they do this without first serving me with judgement papers? or with any papers? i read up on judgements and it seems to take action after a person has been served. I sent a letter to the plantiff offering them a settlement with pay arrangements with which only my husband can afford. Is this worth my time. sending the letter?
1 Answer from Attorneys
Re: Judgement in PA
You asked about payment on a debt.
Consumer debts are covered by the Fair Debt Collection Practices Act (FDCPA).
The visit by a deputy sheriff is highly odd and may in fact have violated the act.
Consumer debts aged older than four years without activity on the account are generally stale and are not collectible through the courts (per statute of limitations). Any payment or usage activity on the consumer's part may restart the clock. So debts are not subject to this statute so you should bring this matter to an attorney.
Do a search on the FDCPA and see how it applies to your situation. If the debt collector has or does violate the FDCPA then you should bring this matter to a lawyer immediately. Not only can the lawyer get the debt collector to stop but may be able to get you a statutory damages award of $1,000 plus the debt collector will have to pay the lawyer's fee under the law.
Debt collector's are generally a sleazy lot. No one can come and lock you out of your home without a generally drawn out court proceeding. If you weren't informed about such proceedings and the have taken place then the decision can often be set aside (use an attorney).
Regards,
Roger
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