Pending lawsuit

8/9/2008 2:20:54 PM

I live in the State of PA and have just received notice from my local district court that I am being sued by Attorneys acting on behalf of bank of america for unpaid credit card debt. If I attempt to make payment monthly payment arrangements with them before the date of the suit and they refuse offer What happens to me do I lose my house, car,wage garnishment?

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Posted by Tom, Tampa, FL on 2008-8-10 22:16:32

It’s very important to respond to this notice within the required time, generally twenty (20) days; either yourself “pro se” or through a consumer attorney. You have three choices: (1) do nothing and let your creditor obtain a default judgment, (2) go to court or (3) attempt settlement with the creditor. If you attempt settlement with the creditor, then you must get the agreement in writing before sending the creditor money. I would not send payment to the creditor without getting the agreement in writing.

If you live and work in Pennsylvania, then a credit card company typically does not meet the conditions required to garnish your wages, salaries and commissions in the state of Pennsylvania; however, if the creditor obtains a judgment against you in district court, then the creditor can garnish you bank account including your wages that have been deposited in your bank account. Once your wages are deposited into your bank account, the funds become vulnerable to garnishment. Also, a judgment will allow the creditor to proceed to post-judgment discovery in order to obtain your financial information such as tax returns, bank accounts, motor vehicle registrations, property titles and similar asset information.

Will you car be taken? Unless you own your car outright, I doubt your car will be seized. Will your home be taken? Generally, if the creditor obtains a judgment against you, a judgment lien may be place on your home and will accrue interest and must be paid when the house is sold. If you’re married, then consider tenancy by the entirety to protect your house; assuming the suit is against you and not your spouse.

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