Legal Question in Credit and Debt Law in Pennsylvania

You cannot simply send a letter, and you cannot just "show up". You need to have a proper response filed.

Are you sure that you cannot afford an attorney? Judging by your zip code, you are in Washington, PA, where I handle many credit card cases. We may be able to defend you for the fee of several hundred dollars. Most consumer attorneys, myself included, offer a free consultation.

First, do NOT send a letter to the court and do NOT mention your bankruptcy. An answer has to be in a special format.

Why do you feel compelled to answer in the first place? Do you owe the debt? Has it been less than 4 years since you first began to not pay? If that is the case, it does not matter if you answer or not. The credit card company is still going to get what is called a "default judgment" against you. The judgment probably will not be entered before July, but it depends on the creditor, their lawyer and the court schedule.

You should only answer or object if: (1) there is something wrong with the lawsuit (only a lawyer can review the complaint and tell you); (2) you have paid the debt or do not owe as much as they claim (interest on the debt does not count!); (3) they identified the wrong person or else you were the victim of identity fraud; or (4) more than 4 years have elapsed between your default and the date on which the lawsuit was filed. You may also answer if you have counter-claims or cross-claims against the debt collector for violations of the law. Depending on when the violations occurred and the amount of the debt, these may offset the balance in whole or in part. And you can request that they pay your attorney fees if you prove a violation of the Fair Debt Collection Practices Act..

Even if you do not file bankruptcy before a judgment is entered, you can still get rid of the debt in bankruptcy. However, your bankruptcy lawyer would need to review your debts and assets to see whether this will work.

You should have the papers reviewed by an attorney and have him/or her review your circumstances to see what the best course of action will be.

I also offer free 30 minute consults and will review your papers for a reasonanble fee.

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