Legal Question in Credit and Debt Law in Pennsylvania

A lawyer contacted me about a charge-off from Kay's Jewelers for $771.00 from the year 2010. I have no idea what it's for. They said they would serve me with a summons but they didn't have my address. They said it is $1,271 because of legal fees. Wanted me to set up a payment plan. What action should I take? The lawyers name was Percheco didn't give firm name. Rose


Asked on 5/05/16, 11:58 am

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

Did he send you anything in writing? If so, let a consumer attorney review it. Many of us consumer attorneys offer free consults.

Do not pay or settle anything without seeing something in writing. You mention a charge off from 2010. Have you made any payments since then?

If not, do not pay, do not settle. A threat for a lawsuit like you received is illegal, if the lawsuit is time barred.

Read more
Answered on 5/05/16, 12:19 pm

I agree with Attorney Artim. I seriously doubt an attorney contacted you. Attorneys do not call and they also do not make threats which violate the FDCPA (in most cases). If they sent you something in writing, then hire Attorney Artim or another attorney to send then a cease and desist letter or "drop dead" letter; you can google these terms for samples.

If a lawsuit really does show up (my guess is it will not) then you definitely need to hire an attorney. The statute of limitations precludes enforcement of the debt but you must raise it in a timely filed answer with the court after you are sued. If you do not raise it, its waived meaning its lost and a judgment can be entered. It is not a violation of law to ask for payment of a debt that is time-barred although it is sneaky not to tell a debtor about that. But it is a violation of the FDCPA to threaten to sue if a creditor has no intent of following through and in most cases, the credtior has no intention of suing on time-barred debts.

Read more
Answered on 5/06/16, 2:53 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania