Legal Question in Credit and Debt Law in Pennsylvania

Sued by Wolpoff and Abramson

Hello. I had a Capital One credit card opened for me back in 2002. I had a gold card with them first and then they just sent me a Platinum one (I did not request it but I used it). When my car broke down I used it to pick up a rental. 2 weeks later I purchased a car from a dealership and they returned the rental for me and said they would take care of it. A couple of months later I start getting phone calls saying I owe for the rental which has been charged to my card that was used to hold the rental. I contacted the car dealership who is looking into it but I doubt they will be willing to get involved. Now in 2006 I just had the sheriff deliever papers to me saying they are suing me. I am assuming they are trying to get a default judgement. Wolpoff have sent me letters here but I never reply so they probably think I do not live here. I wanted to know how I should reply to the complaint. I was going to request debt verification under FDCPA to beigin with. I was also going to file a sworn denial and then file a request for discovery. If they cannot produce the documents showing I signed a contract for this credit card does that mean it will be dismissed? Also is the SOL under PA? Thank you!


Asked on 11/28/06, 10:10 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Sued by Wolpoff and Abramson

If it is a Distrcit Court Case, you eed not file an answer, just notify the court you wish to defend. In Common Pleas you must file a pragraphed answer that responds to plaintiff's complaint as well as sets forth your affirmative defenses. The statute of limitions on contracts is generally 4 years in PA. You should discuss your case with a lawyer. I offer free consultations.

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Answered on 11/28/06, 10:29 am


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