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Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Attorney
Category: Consumer Protection Law
Satisfied Customers: 3864
Experience:  Atty for 24+ years; Plain English explanations; Scams, cons. protection, etc.
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i have been notified of a civil hearing concerning a credit

Resolved Question:

i have been notified of a civil hearing concerning a credit card default of $1200...i live in va...but they are suing me in pa..where i lived at one time should this hearing proceed in pa..or should i be served in va... i tried to rectify this 2 years ago and asked for fees to be removed and i would pay the balance but they declined..i do not work and there is nothing own or have in my name how should i proceed
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me whether or not you were served? I'm wondering how you became aware that you are being sued in PA. Did a process server come to your house, or....?

 

When is the hearing? Have you responded in writing yet?

 

Do you owe on the credit card?

 

Please be aware that JustAnswer.com and Eanswer.com are pay-for-answer web companies. You have offered to pay me for my work and I just need your acknowledgement that you will pay JustAnswer and me for the answer (as long as you are satisfied that I answered your question, of course).

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Customer: replied 3 years ago.
i sent a response...my father received a cert letter and called me about it....they say i owe $1158.oo..hearing is 03/29/2011 have not responded yet
Expert:  Jane Doe Deer replied 3 years ago.

What I'm asking is, do you actually owe the money?

 

Usually, if there is to be a court case, a certified letter is not sufficient. One usually must be served in person (service on your father would be ok), and served with the court complaint.

 

If this is JUST a letter at this point, it's likely no court case has been filed against you yet.

 

If it's a complaint with a court case number, than it probably is a case, in a PA court. You can easily check by calling the court (or in some instances, you can look online).

 

If it's a complaint, you must respond or you can lose by default. You would send the court an original response with a copy (or two), and a self-addressed stamped envelope. You would use a cover letter to the court clerk, and ask that they "conform" your copy (ie, datestamp your copy) and mail the copy back to you in the SASE. You would then make a copy of that and send it to the complainant (or if you mail in two copies, you would then have one to send to the complainant).

 

The reason that I'm asking if you really owe the money is there seems to be a nation-wide rash of false claims being made for supposed old credit card debt. Some of these claims are completely false. Some are real, but are out of date, or inflated, etc.

 

If this is a court case, you can contact the court clerk's office and make arrangements to "appear" by telephone or video conferencing should you want to contest this. (You can also ask to "appear" for the sole purpose of arguing that service upon you was not properly made).

 

I'd be happy to write some more today (I won't be here Friday, but will be available Saturday). Just write back!

 

Or, if I've answered your question to your complete satisfaction, please click on "accept." (We can keep writing even after you accept, if you think of something else you want to write about, as long as it's related to your original question).

 

All my best,

 

Jane

 

 

 

 

Customer: replied 3 years ago.
one last ques...i owe the money...i have no job....there is nothing in my name.....i do not appear or contest....i default and the plaintiff wins...they win...what happens?
Expert:  Jane Doe Deer replied 3 years ago.

Pretty much nothing. You're what we call "judgment proof." (Also known as "can't get blood out of a turnip" or "water from a rock," lol!).

 

They could get a judgment against you, but can't collect it until you get a job, win the Lotto, or etc.

 

Be aware that any judgment against you will be for a lot more money than what they're asking for now (attorneys fees, costs and interest will be added). Later, there may be additional collection fees.

 

Cheers,

 

Jane

Jane Doe Deer, Attorney
Satisfied Customers: 3864
Experience: Atty for 24+ years; Plain English explanations; Scams, cons. protection, etc.
Jane Doe Deer and 3 other Consumer Protection Law Specialists are ready to help you

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