Pennsylvania Collections Questions & Answers

Q: If I have already made payment arrangements with portfolio recovery, Do I still have to attend a conciliation meeting?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
You should contact the court to inquire. It could very well be that Portfolio Recovery has already informed the court of the agreement, but maybe not. You can also ask Portfolio Recovery to cancel the court proceedings -- something things slip through the cracks. But short of the court telling you that the conciliation is canceled, you should definitely attend. In fact, if you attend and Portfolio Recovery doesn't, they'll likely dismiss the suit against you outright.

Best of luck...

Q: Arbitration hearing or Judgement Issue?

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Answered on Dec 7, 2018
Cary B. Hall's answer
The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?

Best of luck to you.

Q: Being sued by portfolio Recovery Associates for a bad debt. Not working, can't afford lawyer what now?

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
Do you agree on the amount? Contact legal services. But don't let it go to default otherwise other charges may be added.

As to the debt, can Portfolio Recover show that they were "assigned" the debt? Anyone can say they were--can they prove it?

Q: Do I have to appear at a credit card deposition?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 26, 2018
Cary B. Hall's answer
Pretty impossible to answer your question without more context about your situation. I'll presume, however, that you've been sued by a credit card company for a bad debt, and the credit card company has scheduled your deposition in a civil case against you.

No, you don't have to appear -- but if you don't, there will be consequences you might want to avoid. If you don't appear, the attorney for the credit card company can file a motion with the court asking the court to order your...

Q: I received a personal loan with no written contract other than. .pay me when you can" I've been making monthly payments

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 16, 2018
Cary B. Hall's answer
Yes, a case that you owe her money, but not really that you're overdue on payments. Still, I can see a magisterial district judge asking about what the verbal arrangement was, and entering a judgment anyway on the full amount due. The lower court won't craft a new contract for you with distinct payment terms, unfortunately for you; it'll just enter a judgment in a numerical amount. Best advice is to try to work it out with her, and get *those* terms in writing.

Best of luck to you.

Q: A company has gone out of business, and a shipping company turned an outstanding fee over to a collection agency.

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 9, 2018
Cary B. Hall's answer
I suppose it depends on what the delivery terms were, right? Unless UPS Freight has some sort of documentation that says *you* are responsible for the shipping costs, then they can't very well assert a valid claim. Tell them that.

Best of luck to you.

Q: I was widowed last year and my husband was paying on 3 tractors/lawnmowers. Am I responsible for making the payments?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Aug 15, 2018
Cary B. Hall's answer
I am sorry to hear about your husband.

It depends how the equipment was titled. Are they in his name alone? If so, you are not responsible for the debt -- but the equipment company can almost surely come repossession the equipment for nonpayment of the debt, so consider that consequence for nonpayment. If the debt was established in both of your names, then yes, you would still be individually responsible for the debts following your husband's death.

If you no longer need...

Q: Is the case over or do I still need to do something?

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Answered on Jul 31, 2018
Cary B. Hall's answer
Call the Prothonotary of your county's Court of Common Pleas and ask them where the case is procedurally. Every county does it a little bit differently, so go straight to the source and find out.

Best of luck to you.

Q: Student Loan Question

1 Answer | Asked in Tax Law and Collections for Pennsylvania on
Answered on Jul 25, 2018
Peter Munsing's answer
Your wife is obligated to the holder in due course of the note. You want to make sure you keep a log with date, time, identity of the person you speak with, and generally conduct things via snail mail. Yes hard copy and stamps. You save a copy of everything you get.

You get something from them, you save the envelope.

You send it you make a copy.

1. Whoever asks you for money--and you may run into "debt servicers " like AES or National Collegiate Trust--very often has...

Q: Car was repossessed less than 30 days ago and the towing co wants 125.00 to retrieve my personal property. Is this lega?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Jul 24, 2018
Peter Munsing's answer
If you didn't authorize the tow, they can't keep your property. File a complaint with the Department of Transportation and notify whoever hired them that if they don't return your possessions you will file a complaint with the attorney generals office.

Q: can a joint spousal checking account in PA be frozen if only one person owes the debt?

2 Answers | Asked in Collections for Pennsylvania on
Answered on Jul 17, 2018
Cary B. Hall's answer
It really shouldn't be. Property owned by a husband and wife is a special kind of ownership in Pennsylvania known as a tenancy-by-the-entireties. This includes money held in a joint checking account in the names of both husband and wife. A creditor of just one spouse cannot seize property owned by both spouses held in tenancies-by-the entireties. So the answer is no -- that joint checking account shouldn't be frozen. And if it is, you would have this defense to release any attachment of...

Q: I bought a car at a buy here pay here, i can't afford it anymore am I responsible for the loan on a voluntary repo?

2 Answers | Asked in Contracts, Products Liability and Collections for Pennsylvania on
Answered on Jun 20, 2018
Elizabeth Tarasi's answer
Yes. They generally reposes the car, sell it at an auction and get what they can for the car and hold you responsible to pay the difference.

Q: If the original lender of a private student loan forgives it and it is sent collections, can you discharge in bankruptcy

2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Answered on Jun 15, 2018
Cristina M. Lipan's answer
The private student loan may be dischargeable under hardship if you have been found disabled by social security. You will need an attorney for that.

Q: out of work, am I eligible to file for chapter 13? I was told No is that correct? Ive been sick but can work

2 Answers | Asked in Bankruptcy, Foreclosure and Collections for Pennsylvania on
Answered on May 23, 2018
Stuart Nachbar's answer
To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.

Q: We received a bad check. Can we reference filing criminal charges in the demand letter?

1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Answered on May 10, 2018
Cary B. Hall's answer
If you truly intend to turn the matter over to the police, then communicating that fact to the debtor shouldn't be a violation of the FDCPA. Telling her that she'll be imprisoned and her assets seized if she doesn't pay? *That* would be a violation.

Best of luck to you, and hope you get paid this time!

Q: Have a civil case re collections already a defense & sent collections request for production what should be my next step

1 Answer | Asked in Collections for Pennsylvania on
Answered on May 1, 2018
Cary B. Hall's answer
First, from your question, I can't tell if you are the plaintiff (creditor) or the defendant (debtor) in your collections case. That would be important information, right?

Second, your question is really too broad to even begin to answer. I'd liken it to going on a mechanic's forum and saying, "I've got a rattle in my engine, and I've opened my hood -- what should be my next step?" See what I mean? There's very little context to even begin to try to answer, unfortunately.

I...

Q: A car that was suppose to be repo'd over 3 years ago was never picked up. What can i do with the car now?

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Answered on Apr 24, 2018
Cary B. Hall's answer
Contact Cary Flitter, Esq. at 888-668-1225 or consumers@consumerslaw.com. Great guy and his firm is in Narberth, and they have specific experience with Condor Capital. Please tell him I referred you to him, and best of luck!

Q: I got married a few years ago and now my wife has bill s from the past .and collection company's are says they can come

1 Answer | Asked in Collections for Pennsylvania on
Answered on Apr 17, 2018
Cary B. Hall's answer
Bill collectors say LOTS of things - and they're not always honest. No, you are not responsible for your spouse's pre-marital debts. And no, you don't have to supply ANY information to bill collectors. In fact, you don't have to talk to them at all.

In addition, titling marital assets (including bank accounts) *jointly* in both of your names can protect your marital property from debts individually incurred by each of you. That special kind of ownership between spouses is called a...

Q: If my mother collected SSI when I was a child illegally by saying that I was terminally ill why is that debt put on me?

1 Answer | Asked in Social Security and Collections for Pennsylvania on
Answered on Feb 20, 2018
Peter Munsing's answer
Should be no debt at all. Who says you owe money? If it is an overpayment, then you need to file a waiver saying it is against equity and good consience to charge you for money that she took when you were not at the age of consent and had no participation.

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