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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1008
Experience:  Attorney at law Office of KJLLAW
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My wife is named as second person in a local lawsuit for a

Customer Question

My wife is named as second person in a local lawsuit for a collections corp..
JA: Since business law varies from place to place, can you tell me what state the corporation is registered in?
Customer: Northampton County, Pennsylvania, the contract was sold by credit care to cascade capitol LLC and they have file a lawsuit on 1-26-2015, we just found out 2 days ago. and need to clear my wifes name from the lawsuit
JA: Has anything been filed or reported?
Customer: the first person( her sister) has been in contact with cascade and will start payment in Jan 2017.
JA: Anything else you want the lawyer to know before I connect you?
Customer: what process do we need to do to get my wife off the lawsuit and clear the property title
Submitted: 4 months ago.
Category: Legal
Expert:  KJL LAW replied 4 months ago.

Good morning. Was your wife a co-signer or an authorized user on the account.

Customer: replied 4 months ago.
co-signer on the account
Expert:  KJL LAW replied 4 months ago.

Ok

Customer: replied 4 months ago.
the abstract file number is ***** there might be a cv or ab in front of the 2015 followed by a dash(cv-2015-00868) as a doc number or such.
Expert:  KJL LAW replied 4 months ago.

Ok

Expert:  KJL LAW replied 4 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Since your wife was a co-signer on the account legally she is responsible, just as is her sister.

That said, since the lawsuit was already filed, and there is a court date, your wife’s sister would have to as k cascade to withdraw, and dismiss the case based upon her payment arrangement. Cascade will probably not withdraw it if your wife asks, but only the sister who is making payment arrangements. Since it was filed, and if they do not withdraw the action and file the paperwork with the court, then your wife and sister must appear in court on the court date. At the hearing, your wife can ask that the action be dismissed against her, and continue against the sister, and the sister can then sign a stipulation in court with Cascade’s attorney withdrawing the action as against your wife. If that does not work, and the attorney from Cascade will not agree to remove her, she can ask the judge to remove her from the action because the sister is assuming full responsibility in court.

That would be the only option at this point after the filing. If the case is withdrawn against your wife she can have any negative entry removed by submitting a copy of the court papers to the county clerk and the credit bureaus.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Customer: replied 4 months ago.
Thank you for your answer that was a get help.
Hopefully we can get this resolved with cascade capitol.bye
Expert:  KJL LAW replied 4 months ago.

Yes. I think it may work based upon the sister's willingness to accept the debt responsibility. Please remember to rate my service with the stars, so I will receive credit and payment for my work. As always, after you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions