Legal Question in Credit and Debt Law in Pennsylvania
I received a 30 day notice from a law firm regarding a credit card debt. This letter was dated June 28th. I then received a Civil Action Hearing Notice dated July 12th. Can the law firm, file a civil suit against me, before my 30 days to respond is up? Should I still send them a Debt Validaton letter?
1 Answer from Attorneys
I do not know what you received without looking at it, but if you received a 30 day hearing notice then the law firm has already sued you. In PA, the time to file an answer is 20 days, not 30.
The time for debt validation letters is OVER. You have 20 days to respond to the complaint. My advice is as follows - if this is your debt, then it is senseless to waste money on hiring a lawyer if the evidence is only going to prove that you owe the money. However, you should file an answer in the following situations: (1) the statute of limitations on the debt has expired; (2) if the complaint does not attach the correct documentation (proof of the credit card agreement and proof of assignment if the debt has been sold); (3) if the wrong party has been sued or this is a case of identity theft and this is not your debt; (4) the amount of the debt is all wrong; or (5) or you already paid off the debt
I live in NC and I do not like litigating out of state. If you want, I will be willing to look over your paperwork for free. If this is your debt, I will be happy to see if I can negotiate a settlement for you for a reasonable fee.
If you do have a valid case, Attorney Greg Artim specializes in credit card defense. I do not know what county you were sued in or whether Attorney Artim handles your county. However, he gives free consults and is a Law Guru attorney. His website is: http://www.gregartim.com. He may be able to represent you if you wish to litigate.
Contact me if you would like my assistance.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC