Legal Question in Credit and Debt Law in Pennsylvania
I am being sued through a local magistrate for a credit card debt by a third party. It is a collection agency and not by the original company that I had the card from. The account has been sold twice. I have a FT job but am making 1/3 less than what I made when I had the credit card. I had lost my job and been unemployed for two years before finding my present job. I cannot afford an attorney and I make $87 over the limit for Legal Aid. The plaintiff will probably win a judgment. I live in PA and have no assets. What will the repercussions of the judgment be? Can they garnish my wages?
2 Answers from Attorneys
Your wages cannot be garnished. However, once you earn a wage and it goes into your bank account, it is no longer a wage, its simply money. At that point, there is the possibility of bank account garnishment.
Are you sure that you cannot afford an attorney? Our office offers a reasonable flat fee to defend cc cases at the magistrate level. We would refund the fee if we do not win the case. Should you like additional information, please contact my office.
There is no wage garnishment in PA, but as noted by Attorney Artim, the collector can levy on your bank account Any amounts under $300 are exempt. If a judgment is entered, keep less than that in your account. Also, do not bank at a huge monster bank - choose an online bank or a small community bank or credit union, preferrably one that is not located near your home (under 25 miles).
Since you indicate that the debt has been sold, I question whether the collector can prove that it is your debt? I have seen complaints that are horribly drafted and do not include the necessary documents. In such case, you probably should consult Attorney Artim or another attorney to file an answer on your behalf.
I have no desire to actually litigate a case in PA given that I now live out-of-state. However, if you wish to settle this debt rather than litigate because you do not really have a valid defense, then feel free to contact me. I can help you resolve this debt for a reasonable fee.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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