being sued in municipal court,along with exhusband or child

[jinglbell]

I have been reading this site for sometime, and just joined today.I am in desparated need of some advice as I cannot seem to find much info on small claims court. On 4/26 I recieved via certified mail a "civil action hearing notice" for my local municipal court. It also included a "civil complaint". The plaintiff is listed as Great Seneca Financial Corp,assignee of Chase Manhattan Bank c/o Wolpoff and Abramson.

The interesting thing is that this was a card in my name only, opened approx. fall 2001. They list a second defendant with no Jr. or Sr. after the name, so I don't know who they are referring to. The only person with that name at this address is 6 years old! And if they are referring to my exhusband, he has never been connected to this card.

My guess is that they think we own a home since the county court records online don't indicate that he signed off on the deed back in 2003 and I sold the home within the past 6 months.

Nowhere on this papers did it indicate that I was to file an "Answer". It hust had a sticker stating to call the municipal court office immediately if I intend to appear at the hearing. After doing so, the municipal court sent me a "notice to defend" form with a new hearing date of 6/2, alomg with a "notice of continuance" which states that I requested it.

The papers do state that I must notify the court within 5 days of the hearing if I have a counterclaim.

I have been on social security disablility for 4 years, only own a car that is paid in full and close to 6 years old--needs work,only other income source is child support.

What if anything would be my defense to prevent a judgement? Should I take my son's birth certificate to show his age? I am unable to file bankruptcy at this time due to the sale of my home--which did not net any profit. This is well within SOL. I am in PA. Last payment was approx. 4/04.I appologize for the lenght, felt all details would be helpful to anyone who could possibly give me any advice. As I am probably headed towards bk by end of summer with large cc debt, I am in no position to make a settlement offer. Please help!!!!!

[chincheck]

You might want to check around to see if child support and SSI are judgement-proof. If so, you might have an affirmative defense for non-payment, since you just sold your home.

Your ex-husband may have to appear in court to state that he has no legal ties to that debt. If you submit a signed affidavit on his behalf, that might do in small claims, but I wouldn't risk it if I were him.

[jinglbell]

Thanks for the advice. Unfortunetly my exhusband is hopefully not even aware of this. We are in the midst of a very long and nasty custody battle and he refuses to communicate with me. So getting him to sign anything or come on my behalf is out of the question.---He'd be more likely to help the opposing party! My house was actually sold to my brother in order to help me meet the deadline I had in our divorce agreement to remove my exhusband from the mortgage--he signed the deed over several years ago. I now rent my house from my brother for a portion of his mortgage. This was not an attempt to hide an asset, I actually took a loss on the house, but had to get him off the mortgage and wanted my child to remain in the only home he's ever known. The rental price I am paying is still lower than going out and finding an apartment. Plus with the bad credit, cc debt , soc.security disability, etc it would be difficult for me to find an understanding landlord.

I can't seem to find out when I am supposed to answer with my defenses. The lady on the phone at municipal court says just bring everything with me. Not sure what "everything" would even be. Maybe my childs birth certificate, divorce decree etc. I don't know if I should bring credit card statements, I would think W & A should be the ones to prove that myself and the other person listed as a defendant are the ones responsible for the said debt and attorneys fees, etc. I certainly don't want to take anything that would help them . The lady at municipal court said to call the lawyer filing on behalf of W & A and ask who the other defendant is, my exhusband or my son. When I called and asked they just kept asking me if I am disputing the debt. I kept telling them I'm simply calling to ask who the other person was. They kept asking me when I opened the account--which I replied "you should have that info already and be bringing it to court". They said "oh, you're actually going, hold on" and hung up on me. Aren't they in some sort of violation for naming an additional defendant that is in no way associated with the credit card--either my exhusband, or minor child-whichever one they are using?

I do believe social security disability cannot be garnished, but not sure about child support. I am not able to find any procedure rules for small claims court. I am still puzzled that I don't have to file some kind of an answer. Frantic probably sums up my state regarding this matter .

[chincheck]

Thanks for the advice. Unfortunetly my exhusband is hopefully not even aware of this. We are in the midst of a very long and nasty custody battle and he refuses to communicate with me. So getting him to sign anything or come on my behalf is out of the question.---He'd be more likely to help the opposing party! If a judgement is entered in both of your names, then your husband is now liable for the debt. Liens could also be placed on his property and his wages could be garnished.My house was actually sold to my brother in order to help me meet the deadline I had in our divorce agreement to remove my exhusband from the mortgage--he signed the deed over several years ago. I now rent my house from my brother for a portion of his mortgage. This was not an attempt to hide an asset, I actually took a loss on the house, but had to get him off the mortgage and wanted my child to remain in the only home he's ever known. The rental price I am paying is still lower than going out and finding an apartment. Plus with the bad credit, cc debt , soc.security disability, etc it would be difficult for me to find an understanding landlord.

I can't seem to find out when I am supposed to answer with my defenses. You don't file a written answer in small claims, nor is there discovery, interrogatories, etc. You simply show up the day of the hearing and plead your case.The lady on the phone at municipal court says just bring everything with me. Not sure what "everything" would even be. Maybe my childs birth certificate, divorce decree etc. I don't know if I should bring credit card statements, I would think W & A should be the ones to prove that myself and the other person listed as a defendant are the ones responsible for the said debt and attorneys fees, etc. I certainly don't want to take anything that would help them . The lady at municipal court said to call the lawyer filing on behalf of W & A and ask who the other defendant is, my exhusband or my son. When I called and asked they just kept asking me if I am disputing the debt. I kept telling them I'm simply calling to ask who the other person was. They kept asking me when I opened the account--which I replied "you should have that info already and be bringing it to court". They said "oh, you're actually going, hold on" and hung up on me. Aren't they in some sort of violation for naming an additional defendant that is in no way associated with the credit card--either my exhusband, or minor child-whichever one they are using? No violation. Attorneys sue multiple parties all the time to make sure they get the person they want. However, you should send a DV letter to the attorney and ask for another continuance. The reason you give for a continuance is to provide the attorney a chance to follow federal law and fufill your request for DV.

I do believe social security disability cannot be garnished, but not sure about child support. Research and find out! This is an affirmative defense for you!! It's possible you are judgement proof!! I am not able to find any procedure rules for small claims court. Call the court back and ask if there is any written info about small claims. You also might want to try your county's court website to see if that gives you information.I am still puzzled that I don't have to file some kind of an answer. Again...small claims...see above.Frantic probably sums up my state regarding this matter.