Legal Question in Credit and Debt Law in Pennsylvania

I was sued by a junk debt collector. I borrowed money to pay an attorney to represent me, this was 2 years ago. I was finally notified that it was to go to arbitration and I did not need to be there. I received a letter stating that the arbitrators awarded the plaintiff against me in the amount of money owed. My attorney stated when I hired him that no appeals were covered in his fee. So, essentially I do not know where to turn. I had asked the collection agency previously several times for a complete list of charges for validation of debt due to identity theft ( I never saw anything more than s statement from the month before they purchased my debt stating that I owed $x.xx) Here in lies my issue, I do not own a home I rent, my car is worth 3 grand and I am still making payments to the dealership for it for another year. I am a single mother with 1 child still at home full time. my gross income last year was 14,000 and none of my bills are current. I have borrowed extensively from family and friends this year for bills, rent, heat, gas etc.. in anticipation of a tax refund to pay them off

like I did last year. Can they sell my furniture? or appliances? I have nothing else. I do not have the money for another lawyer and legal aid states they do not always have resources to represent in these cases. I don't even know how to file for bankruptcy nor do I have resources to pay anyone to help me. Can they take what I do not have? also two of the people I borrowed from are danger of being unemployed due to their place of employment possibly being shut down


Asked on 1/02/15, 9:21 am

1 Answer from Attorneys

You should have used the money to settle your debt instead of paying this attorney.

The attorney should have demanded proof of your responsibility for the debt as part of the proceedings.

You can appeal the decision of the arbitrators and the case will begin anew.

In answer to your questions: there are very few exemptions in PA - you can have no more than $300 in any one bank account; a Bible, sewing machine, clothes and work uniforms. Nothing else (not a car or a home) is exempt. Your car is safe though as its liened so it cannot be seized. You rent, so your home is not an issue. Can they sell your furniture and appliances. Yes. But creditors would rather have money than your stuff because most used stuff like appliances and furniture are not very valuable.

There is no wage garnishment in PA (for most things and under most circumstances) but creditors want money so they are mostly likely to seize your bank account. I recommend that you switch to an online bank account or debit card (some employers will deposit pay onto a debit card like through Walmart) or a very small out of the way community bank/credit union and keep under $300 in the bank to prevent your account from being frozen and the funds seized.

Who is the junk debt buyer? Their attorney? How much is the judgment for? When do you anticipate having the funds? Depending on the answers, it might make sense to settle the debt rather than waste money on appealing and more lawyers. However, I have not seen your case and if this really is identity fraud, then you might do better with local counsel to appeal and demand proof. I know Attorney Greg Artim here at Law Guru (he is in the Pittsburg area but handles statewide cases) offers free case evaluations. There are other attorneys too.

Bankruptcy is an option of last resort and should really only be filed if a client has a lot of debt (my unscientific rule of thumb is $10,000 in dischargeable debt). I would not file one for just this if you owe only a few thousand because this can be settled. The filing fee for bankruptcy is near $400 but can be waived but you would have to request waiver from the bankruptcy court. They may also allow the fee to be paid in installments. I am not a bankruptcy lawyer and don't file in PA so I would suggest that you meet with a bankruptcy attorney. Many attorneys give free bankruptcy consults. Meeting with one for free and learning about bankruptcy does not obligate you to file.

If you are interested in resolving the debt in a non-bankruptcy/non-litigation context, you can email me at [email protected].

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Answered on 1/02/15, 5:21 pm


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