Expert: Creditwrench - 7/27/2008

Question
I am being sued over a Providian credit card that was sold to Calvary Portfolio Services in Pennsylvania.
The last date of payment on this debt is Jan 3, 2003.  Date of the charge-off was August 29, 2003. Date of purchase by Calvary was Sept 29, 2003.
My original debt as of 1/3/2003 with Providian was $3200. As of 7/9/2003 it had increased to $4136. As of 10/26/2005 it had increased again to $5347 and I checked today and it is currently at $9255!  There is an interest rate noted of 24.99%.
I was originally served with papers Sept 13, 2005.
I called the representing attorney and told them I didn't have the money to pay the entire debt and offered to make payments.  They refused.  I didn't hear anything for a year.  The complaint was re-instated on October 23, 2006. A hearing date was scheduled for December 26, 2006 but I did not receive 10 day notification by the attorneys so I submitted papers to the court objecting to any judgment that may be awarded due to not receiving proper notice.  I also called the attorneys again to arrange payment but they flatly refused and demanded the full amount.
I heard nothing further until May 2008 when I received a letter from the attorney that they had again requested a hearing.  I was notified by the court that the hearing date is set for July 30, 2008 but unlike the last hearing request  there is no mention of the 20 days to submit more evidence/objection.  My circumstances have changed further since notice of the first hearing in 2006 and I would like to submit more documentation on my present financial status.
My questions are:
1) Can I file more evidence with the court to further state my case or can I just bring it with me to the hearing?
2) Does the statue of limitations expiration on this debt depend on the last payment date (Jan 2003), the original date I was served notice of being sued, (Sept 2005) or the actual court date (July 2008)?
3) Is it legal for them to charge so much interest and penalties? (original debt $3200 / now showing $9200)
4) If I receive a judgment against me from the arbitrators what exactly can they do? Take personal property? Put a lien on my property? They reference "Act of June 16 1836, P.L.715 as amended by the Act of June 14 1952,P.L.2087 and Luzerne County rule 3-8" (I looked these up but don't know what they  mean)
I'm desperate. I can't seem to find answers to these questions and cannot afford an attorney.
Can someone get back to me ASAP?
Thank you so much!"

Answer
annette, I'm truly sorry that you felt that my answers to your questions were not helpful. Let's see if I can do better.

My questions are:
1) Can I file more evidence with the court to further state my case or can I just bring it with me to the hearing?
Probably
I answered the way I did because what you can do depends on the local and state rules of procedure for the court you are in. It wasn't a question that could be answered without knowing what those rules of procedure might be.

2) Does the statue of limitations expiration on this debt depend on the last payment date (Jan 2003), the original date I was served notice of being sued, (Sept 2005) or the actual court date (July 2008)?
I'd have to study Pennsylvania law to be able to answer that question with certainty.
That was a valid answer because statute of limitations law varies widely from state to state. The questions dealing with statute of limitations can be so complex that it becomes necessary to seek the opinion of a judge and even they can be wrong. Also, did you really expect me to do your legal research for you for free or give you legal opinions when I am not an attorney?

3) Is it legal for them to charge so much interest and penalties? (original debt $3200 / now showing $9200)
They can get away with it.
And that answer was also perfectly valid. It may or may not be legal again depending on the wording of the credit card agreement and state law. I don't have a copy of a Providian credit card agreement so I can't know what the card holder agreement you had with Providian said. Credit card agreements change from time ot time as well so even if I had a Providian card member agreement it might not be the same as the one you had with Providian. You would have to send me a copy of the exact agreement you had with Providian to be able to answer with certainty. I'm sure you have the agreement you signed with them so you can copy it and send it to me, don't you? If so send me a copy of it so I can see what it says about that.

4) If I receive a judgment against me from the arbitrators what exactly can they do? Take personal property? Put a lien on my property? They reference "Act of June 16 1836, P.L.715 as amended by the Act of June 14 1952,P.L.2087 and Luzerne County rule 3-8" (I looked these up but don't know what they  mean)
I haven't looked them up so don't know any more than you do. Why not send me a link to them so I can go see what I can figure out.
ceo@creditwrench.com So what was wrong with that answer?

I'm desperate. I can't seem to find answers to these questions and cannot afford an attorney.
Can someone get back to me ASAP?

Please tell me why you thought my answers were of no help after reading this reply. But please don't tell me you expected me to do your legal research for free.
Thank you so much!"