kc814

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About kc814

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  1. I live in PA and I've seen many people say that they cannot garnish my wages. If they do haul me into court for proof of income and assets, they'll be sorely disappointed. I have nothing to my name except my job and a car that is leased with my husband. Will his income and assets count?? This debt was incurred long before I was married. EDIT: found this: Only under very limited circumstances does Pennsylvania law permit the garnishment of wages. Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee. An employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy these kinds of debts: judgments for child or spousal supportobligations relating to final divorce distributionPHEAA student loansback rent on a residential leaseas restitution for criminal mattersfor certain types of taxes A credit card company cannot garnish your wages in Pennsylvania, if you live and work in PA. Under Pennsylvania law, garnishment of wages can only occur in limited circumstances, and a Credit Card Company does not meet those circumstances. In fact, such a threat is illegal as it is a violation of the Fair Debt Collection Practices Act. We can sue the debt collector if they have made such a threat against you. On the other hand, a Credit Card Company can garnish your bank account, including wages that are deposited there, IF they first obtain a judgment against you in a Court of Law. <----not liking the sounds of that. but nevermind: An important distinction, however, is that a company cannot garnish a spousal joint bank account unless they obtain a judgment agasint BOTH spouses (very rare in credit card cases).
  2. I do have questions now though: I received the notice of judgment/transcription from the district court. What happens now? Will I be contacted by an Asset representative regarding payment? Will they set a minimum payment?
  3. It would have been very nice if I had had more time to prepare or ask more questions. This actually all came about very suddenly. I may or may not have gotten any mail from Asset in the past. I don't know because if it looked like junk, I threw it away without opening. Out of the blue, I received a certified letter saying they were suing me in district court. The date was only a few weeks away. I'm away from home 11 hours a day, 7-8 days in a row plus have a young child to care for. Doesn't leave a whole lot of free time but I did spend as much time as I could reading Q & A on here and researching things pertaining to PA law prior to the hearing. It's just sad that people have to even do this type of thing in the first place. Can't believe Asset is still getting away with this.
  4. And the magistrate knew I was objecting because he turned to the lawyer and said "Miss Cxxxx is objecting to these documents...." It was all pretty informal.
  5. It was just a magistrate. This trial took place in district court. Debating whether I should bother appealing the decision and taking it to court of common pleas.
  6. I will be calling a hotline provided by my employer. I am entitled to a free 30 minute consultation with a lawyer. I will see if it's even worth it to appeal and if so, if I should get a lawyer to represent me at the court of common pleas trial.
  7. thanks for the info. checked out the links above. the legal aid provider it keeps referring me to goes by income guidelines, which I exceed. It's also the same office Asset decided to hire to represent them at the District Court hearing.
  8. BEWARE - Even with crappy lawyers, they're still getting better! My civil hearing was today. As the title states, I lost. I was unrepresented, as I could not afford a lawyer. Asset hired a local lawyer who was not well prepared. When the magistrate asked questions, she would say she did not know or did not have the requested information. She had obviously not studied the papers she did have because she was just as confused as I was AND didn't even realize there were 2 separate bills of sale until I started to question ownership. She started off by showing me a copy of a Dell/Citibank (OC) cardholder agreement that had no personal information on it. She then handed me 3 pages for a "bill of sale." All 3 pages looked exactly the same and were pretty generic. Somebody from Dell made a general statement saying they have access to accounts and have knowledge of the process of selling accounts and somebody from "WEBANK" (never heard of them) basically said the same thing. I did not see my account number anywhere. Believe me - I read and re-read everything! Also, it turned out there were actually 4 pages and at first, she told the magistrate she didn't have the missing page so I almost got her on that, BUT she decided to go through her folder again and after taking another look, she found it. Without it, she would not have been able to prove that Asset bought it from WEBANK & therefore, Asset would have had no standing to sue. Additionally, the lawyer showed me account records that belonged to Dell, which showed the original sale, all my payments, and late fees, and also showed that Dell charged-off the account in May 2011. I tried to get out of that by saying those are Dell's records and that somebody can't just take somebody else's records, put them in a file, and say "hey, those are my records." However, the magistrate ruled that it was admissible evidence. I was sworn in and the lawyer asked me many stupid questions that naturally, 5 years later, I don't remember the answers to most of. She wanted to know when I bought the stuff, when I received it, when I made the last payment, and also if it was one purchase or multiple and whether I still had the said items in my possession or had I surrendered them to Dell. The magistrate verified my previous addresses for the past 5 years as well. The magistrate asked if I had anything to add and I pointed out that my signature was nowhere to be found (I know it's electronic but hoped to catch them off-guard) and my account number was nowhere on the "bills of sale" either and that the said "bills of sale" did not state they had direct knowledge of MY particular account. The lawyer pretty much said it would be inconvenient to get a list of account numbers because they buy them in bulk and every other account number except mine would have to be redacted. (Yes, I know & that's why I tried that tactic.) On all points, he sided with her. By this time, I knew my chances of coming out on top were slim. Then, he surprised both of us by asking how long it had been since I got my drivers license. I wasn't sure what relevance that had but replied that I do not have one. He asked when the last time I did have one was. Never. Never had one. He just looked over at the lawyer, who said "I'm not sure what you're implying sir." He told her that if I didn't have a license then I couldn't have made the original agreement with Dell. I wish there would have been somebody else there to see how quickly she leapt from her chair, approached the bench, and started frantically searching for the license number on the documents she had presented to him. I thought maybe this would be my saving grace....until she said "if they don't have a license, sometimes a Photo ID can be used." Pop! My bubble was burst. Yes, I have one and yes, it was valid then and is valid now. That was that. I gave it my best shot but was soooo upset when I walked out. I will soon be receiving papers in regards to the over-$3k judgment plus court costs. In those papers will be instructions on how to appeal but I'm not sure it's even worth it. I can't hire a lawyer and don't want to hire one now, lose again, and lose even more money. I just don't understand how Asset can do this and how courts can rule in THEIR favor.
  9. UPDATE: had my civil court hearing today and.......I fought hard, but the magistrate ruled in favor of Asset. :/
  10. It's too late to request validation, but could I still attempt to make them prove standing? Or is that basically the same thing as validation?
  11. 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton Friedman & Gullace, LLP 3. How much are you being sued for? over $3,000 4. Who is the original creditor? (if not the Plaintiff) DELL 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Don't think I've ever spoken to them on phone or sent anything to them by mail 9. What state and county do you live in? Pennsylvania, Venango Co. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They claim last payment was in October 2009 11. What is the SOL on the debt? To find out: pretty sure it's 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Received certified letter, called magistrate's office to notify them of intent to defend, received confirmation of intent to defend with new hearing date 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). see #12. Hearing date April 12 In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No interrogatory received (yet), just civil complaint 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. the civil complaint has a small area where the following is typed: Plaintiff is the owner of a certain Dell/CIT online bank account bearing acct #xxxxxxxxxxxx. As a result of the assignment, plaintiff now holds all rights, title, and interest in and to the account. upon information & belief, the defendant entered into a credit agreement with Dell/CIT online bank, used or authorized the use of the account to obtain loans for the purpose of obtaining goods and/or services and/or cash advances. Defendant breached the agreement by not paying the amounts due and owing on the account, Based upon review of records kept on behalf of plaintiff, the last payment posted to the account on October xx, 2009. The account shows that the defendant owes a balance of $2,xxxx.xx plus interest which has accrued from the date of assignment at a rate of 6% per year in the amount of $1xx.xx. I, J.G., verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. (then it has "this statement is made subject to penalties related to unsworn falsification...") and the signature of J.G. (they did not send copies of anything) As I said above, I have not spoken to AA or mailed them anything. Also, as mentioned above, I did call the magistrate and tell them I would be attending the hearing (intent to defend). I got my copy of the notice of intent to defend in the mail today. I have not hired an attorney. I have been reading many forums on this site as well as others. I have read about demanding validation and making them prove their standing. However, I am totally lost. I don't really understand what to do at this point. I only have a couple weeks until the hearing. Please help point me in the right direction.