Legal Question in Credit and Debt Law in Pennsylvania

1st question not enough info.

2nd question no wage garnishment for credit card debt in PA

I agree that if they are suing on a credit card debt, there is no wage garnishment in PA for this sort of thing. However, a judgment has ramifications other than wage garnishment and your wife needs to be aware of those consequences as well, like bank levy or seizure of any assets that are in her name and which are owned free and clear.

Is your wife liable? I assume you mean that this debt was sold from the credit card company to a third-party junk debt buyer like LVNV, CACH or someone else.

The answer is yes, your wife is legally liable (assuming the statute of limitations has not run and that the credit card was issued to her as the primary or co-applicant or she signed as some kind of co-signer). When a debt is sold, the junk debt buyer stands in the shoes of the original creditor so the debtor is not released from liability when the debt is sold. The debtor still owes the debt, but payment is to the new owner, not the original creditor.

Verify with the collector that there is indeed a new owner if you have not done so already.

This all said, know that if the debt was in fact sold, the junk debt buyer paid pennies on the dollar to buy the account. So your wife should not have to pay 100% of the debt. She could offer substantially less and the junk debt buyer may or may not accept.

While I do not know the details, is there any kind of hardship, as in the wife lost her job/income or had medical issues? If so, I would start at offering 20% (assuminng no litigation) if you have the funds to settle the debt in a lump sum. If you don't, save up until you do. If a lawsuit has been filed, maybe increase the offer to 40% - 50%.

If your wife would like to resolve the debt outside of court, I give free email consults and could provide her with better advice if I had more details. I also can assist with resolving debts. Please have her contact me at [email protected] if interested.