Legal Question in Credit and Debt Law in Pennsylvania

My first ? is I had an original creditor that I have not paid any $ to for about 4 yrs and on my credit report it says 06 and I know it has been alot longer then the original creditor is sold the account to a debt buyer, the debt buyer closed that account and is saying that the first major delinquency was first reported in 1/08 I have never paid this co any $ at all..then all of a sudden my husband received a fax at work (which anyone could of got and read) asking for personal information) had his name listed right on the fax) it is on a lawyer letterhead, has Personal Department then has my husbands place of employment listed then has his name and address listed then a file number: then wanted my husbands employer to furnish them with the following information, still in your employ? employment capacity? weekly gross wages? weekly net wages? social security number? address? if his employer has a new jersey office/agent? mind you this was not signed by any lawyer.. his employer did not send over any info now we recieved a civil suit


Asked on 9/05/09, 9:14 am

1 Answer from Attorneys
Greg Artim Morrow & Artim, P.C.

You have 2 things going on here. The first is the civil lawsuit. You have 20 days to respond, in writing, to the suit. That response should be Preliminary Objections, without a doubt. Debt collector lawsuits, when they are initially filed, are almost always legally insufficient. Filing the proper response is your first course of action. You should really have a consumer attorney (whether its me or someone else) prepare the objections.

Your second issue is the debt collector contacting your husband's place of employ. That is likely a violation of the Federal Debt Collection Practices Act. You/your husband may have a lawsuit/claim against the debt collector for this violation. Again, contact my office or the office of another consumer attorney to discuss.

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Answered on 9/10/09, 9:32 am


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