Legal Question in Credit and Debt Law in Pennsylvania
judgments/liens
A few months ago I received a notice that a credit card company was going to file suit yo collect a past due account. I responded stating that I disputed the amount of the debt and that I was willing to make payments. I never got a response until I got the papers filed in court of common pleas for a suit. I sent the attorney a letter stating that I again disputed the amount and that I never received a response from the first letter. I did not receive any correspondence until today when I receive notice that there was a judgment entered against me. I thought if I were being sued there would be a date attached for a hearing. But I guess I was supposed to file something with the court which I woudl not have known how to do. The paper says pursuant to rule 236 that a judgment has been entered. I have a house for sale, is this judgment going to stop me from selling this house. It is mortgaged. Does the creditor have to file to place a lien on my house or will this judgment come up when I try to sell the house? I have filed in court before for tenants that I have received a judgment against and have never received a penny when they bought or sold any property. Also why would they ignore my offer to make payments.
2 Answers from Attorneys
Re: judgments/liens
A judgment is a judicial lien. It attaches to all property of the defendant. It will come up at the closing if the buyer does a Title Search which you can pretty much count on. You should have received a Notice of Intent to Enter Judgment at least ten days before the default judgment was entered.
If it is for a sizable amount and you have a defense it may be worthwhile to have an attorney Petition to Open or Strike the Judgment, especially if the ten day notice was not sent or was sent to the wrong address.
Re: judgments/liens
The Rules of Civil Procedure do not require a hearing before a judgment is entered. Rather, if you fail to respond to the complaint, a judgment can be entered by default.
However, if you genuinely dispute the debt, you can file a Petition to Open or Strike the Judgment and it could be opened. To help assure the judgment is opened, you must do so promptly, preferably within 10 days after the date of the judgment.
Otherwise, the judgment is a lien on any real estate owned in the county. When you go to sell, the title company will require that the lien be paid. You can either settle with the creditor or pay them in full.
I trust this answers your question but feel free to call or E-mail on a free initial basis.
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