Very doubtful. They may sue, and perhaps get a judgment against her, but then they'll try to attach bank accounts in a scattershot manner by sending writs of execution out to the largest banks in your area (hoping that yours is one of them). Even though your joint bank account is... View More

Considering the tiny size of the old debt, it is not very likely that a debt collection company will try to enforce it--even in small claims court. Rather than say or do anything that could possibly result in reaffirmation, why not say nothing, wait to see what happens and if they do sue, raise the... View More

If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.

Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections... View More

if you don't want to consult a lawyer, then assuming the time for them to appeal has run, go for a writ of execution with a wage loss attachment if they are working--that way you get the money, not an item that then has to be sold. The Sheriff's office for the county should help you.

I suggest that she call the Taxpayer Advocate in her area. She can look up the number at the following link

https://www.irs.gov/advocate/local-taxpayer-advocate

They will help her submit the correct paperwork. If that does not work she can try a low income taxpayer clinic in her... View More

First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking... View More

The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.

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... View More

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.

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?

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... View More

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... View More

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.

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... View More

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.

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... View More

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.

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... View More

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answered on Jun 20, 2018

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.

Generally speaking, no.