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.
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?
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...
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.
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.
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.
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.
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...
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.
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...
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!
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.
Cary B. Hall's answer Contact Cary Flitter, Esq. at 888-668-1225 or email@example.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!
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...
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.