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Hello. I am from Pennsylvania and have a judgement against me and my ex-husband for $16,949.77. This judgement was last put into the courts on 12/2/04. I did recieve the notice (it was served) but I did not show up to the courts. Does anyone know what I can do to have this vacated or if it even can be vacated? Thanks!

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  • 3 weeks later...

I was looking at PA Usury Rates. Please help me to understand...

PENNSYLVANIA, the legal rate of interest is 6%, and this is the

general usury limit for loans below $ 50,000, except for: loans with

a lien on non-residential real estate; loans to corporations; loans

that have no collateral above $ 35,000. Judgments bear interest at

the legal rate. It is criminal usury to charge more than 25%.

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State usury laws are preempted by section 85 of the National Banking Act, which allows national banks to "export" the interest rate of their home state; and section 27 of the Federal Deposit Insurance Act, which does the same for state-chartered depository institutions.

What does all that mumbo jumbo mean? It means usury depends on where your lender is chartered and how. If you got your judgment via a credit card, it's likely that the lender was a state-chartered bank or a national bank. But it never hurts to investigate these things.

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This was for a vehicle loan, and it is a state-chartered bank.

I'm just lost on where to start. I read all the information on how to vacate a judgement. I just don't know if I have a good reason. The papers were served by a deputy sherrif. And the only reason I didn't go to the court hearing was that I didn't know that I had to defend myself, and I honestly didn't know what to do. The loan was defaulted, but by volintary reposesion. I parked the car at the bank and handed them the keys.

This bank has since merged with another bank, does this help me at all?

Is it true that if the bank does not 'refile' the judgement in 3 years I can have it automatically vacated? I'm not sure about this, it's been rumored around, but I have no idea how true it is.

Any insite or help would be greatly appreciated. My credit is pretty good other than this judement - I was young and I just bought a car that I couldn't really afford, and of course the bank didn't care, they approved me for it anyway.

Thanks Again!

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