Legal Question in Credit and Debt Law in Pennsylvania

I am scheduled for arbitration for a civil suit I filed against my ex for the amount of $7000. I just receieved a letter from his defense attorney and it says "I object to the evidence items (A) - (G), (all of my evidence) since they do not comply with Rule 1305 of P.a.r.c.p and will oppose the introduction of the items into evidence." I reviewed rule 1305 before submitting the evidence. Evidence includes bills and checking statements showing incurred expeneses that the defendant was to share the costs of. Documents were submiting a well 20 days in advance. Also in the letter he offered me a sum of $1000 in full to settle the matter out of court. Is he trying to get me to settle by doubting that my evidence will be allowed into court. I DO NOT see why my evidence would not be accepted. Would his objection be overuled?


Asked on 4/19/12, 10:03 am

1 Answer from Attorneys
Rachel Hunter

How can you expect any attorney here to answer this question when we know nothing about the case and have not seen the evidence? If your ex-husband has an attorney, then you are going to face a battle. You need to get your own attorney.

In addition to the state rules, there are local rules which you need to review and comply with. In addition to the timeliness requirement set forth in PA RCP Rule 1305, there is the question of what you are seeking to admit and whether you need the keeper of the records to testify. Since I do not know what you plan to show I cannot answer about the admissibility of the evidence.

In answer to your question, people make settlement offers all the time whenever there is a dispute. Who knows why he is offering this low of a sum? Maybe he is confident that your evidence will not be admitted. Maybe its all he has. If you lose, you may get nothing. Even if you win, you may still get nothing. Unless there is some type of garnishment allowed for this or unless your ex-husband has assets, you may end up with a non-enforceable judgment.

If you cannot afford to hire an attorney to reprsent you, then at least pay an attorney to review the materials (complaint and answer and your proposed evidence) and get their thoughts in preparation for your hearing so you will be as ready as possible.

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Answered on 4/19/12, 11:39 am


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