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LawTalk
LawTalk, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37639
Experience:  I have more than 25 years experience in the legal profession.
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I was served with papers for credit card debt. I am not sure

Customer Question

I was served with papers for credit card debt. I am not sure how I go about responding to the court house.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: I received papers from the court house with a docket no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am working with a debt company. I have been with them for about a year. They are working with the credit card company that filed but said I still need to respond to the court house. Not sure what to do.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The only reason that you would really need an attorney in your situation is if the credit card debt is not yours. As a practical matter, almost all credit card lawsuits are the result of legitimate debts that have not been paid for one reason or another and having an attorney will not help---simply because you have an unwinnable case. Save your money. In fact, no law requires you to even participate in the lawsuit and I generally recommend that if you know that the debt is owed, you might as well save your money and don't even bother to file a response to the lawsuit much less participate in the litigation.

In conclusion, there really in no benefit to you hiring an attorney if you are sued for a credit card debt that you actually owe.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Customer: replied 2 months ago.
Thank you for the information. What happens then if I do not file a response. The debt company that I am working with is working out a deal to pay off the card by the end of the month.
Expert:  LawTalk replied 2 months ago.

Hi,

If you don't file a response the creditor will get a default judgment. The exact same thing they will get if you file your Answer and defend against the action. Either way the creditor is going to get amoney judgment against you.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please remember to rate my service to you by clicking on the rating stars on your screen so that I can be compensated for helping you. I am not an employee of the site and I am only paid when you rate my service to you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Customer: replied 2 months ago.
Will this be something that they will take me to court over and have a court date?
Expert:  LawTalk replied 2 months ago.

You will get a court date ONLY if you file an Answer to the lawsuit. Otherwise, they will do eything without you.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already, and because I am an independent site expert and not a site employee, it is the only way I am paid for answering your questions. Thank you in advance for your positive rating.

I wish you the best in 2017!

Doug

Expert:  LawTalk replied 2 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $19 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Thanks in advance,

Doug

Customer: replied 2 months ago.
I just do not want to get served with anymore papers.
Customer: replied 2 months ago.
I am at work an unable to talk on the phone at the moment. Just want this taken care of and not have to worry about it.
Expert:  LawTalk replied 2 months ago.

Hi,

You won't be served with any more papers if you 't file an Answer to the Complaint. It will be over for you at that point and you will have no more to do with the court until you get a copy of the judgment sent to you by the creditor as part of any future collection efforts.

Please rate my service to you. Thanks in advance,

Doug

Customer: replied 2 months ago.
How do I file a response?
Expert:  LawTalk replied 2 months ago.

You would be better off having a local litigation attorney do this for you---but if you have more time than money, you can try and do it yourself. Virtually every county has a law library. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally, there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading (Answer to Complaint), you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, the offer of a phone call is still open to you.

Please know that I answered your many questions in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

Customer: replied 2 months ago.
I am just looking for a sample letter to draft for the response.
Expert:  LawTalk replied 2 months ago.

You can find the forms you need here: https://answerforms.com/answer-to-debt-collection-complaints-pa.php

I ask that you please be reasonable in your expectations here. It is impossible to simply give you a "sample" that would be helpful to you because that would require that I understand all claims made against you. It is not a letter you file anyway, but a court pleading. I can no more walk you though learning to be your own lawyer than one of our doctors could teach you how to set your child's broken leg.

You have not hired an attorney and I cannot represent you. This is a question and answer site and not a full fledged law firm.

Doug

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