Legal Question in Credit and Debt Law in Pennsylvania

Re: Judgements

If you are a resident of Pennsylvania, attorney Lipshutz, who replied to you previously, is correct. In Pennsylvania, a judgment against one spouse cannot be used to sell any assets which are held by both spouses jointly. But if any car, real estate, bank accounts, or other property is held in your name only, the creditor can attach those assets. It is unfortunate that you allowed a judgment to be entered. How long ago was the judgement entered? If you have a valid defense, and a valid excuse why the judgment was entered, you may be able to have the court open the judgment and allow you an opportunity to present your defense in court. But you must act very promptly in order to preserve your rights. Please feel free to call me at 610-668-6424 if you would like to discuss this in further detail.

Richard K. Teitell, Esq.

610-668-6424

Re: Judgements

Dear Sir/Madam:The answer to whether a collection agency can take your car if it has a valid judgment is one based on your state's law. You did not say what state you were in. ALso, it depends on how the car is titled. If it is titled in your name only and there is no other lien (e.g. financing) and the judgment is in Pennsylvania, then the company could take your car. Why don't you offer to pay $100.00 per month until the entire debt including the interest, which would still be running, is paid off? It couldn't hurt, and the collection agency really would not be losing anything. Robert M. Lipshutz, Esquire