	AllExperts > Collections Law
	Search

About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Pa. joint home ownership question

Collections Law - Pa. joint home ownership question

Expert: Regan Shinski - 11/5/2009

Question
QUESTION: Hi,
My wife and I live in Pa. and fell behind on 2 credit card accounts. Her card is in her name only, and my card is in my name only. The 2 companies that are pursuing this are : Mann Bracken, and Weltman Weinberg & Reis. I'm pretty sure at this point, that they have gotten default judgements pending against us. We couldn't afford a lawyer, but have gotten some info from someone who has gone through this in Pa. also. I've been told that since each credit card is in only mine or my wife's name, and not joint accounts, these companies can't legally take anything from our house since everything is jointly owned. They could actually have a sheriff come out to tag the property, but then we could file an interpleader, or something like that to stop it. Is this accurate ? We just can't afford to pay anything right now, and don't want to get ripped off. When things get better, I was informed that we could then contact these companies and try to settle. Any info on this would be GREAT !!!
                                             Thanks

ANSWER: In general, what you are saying about the personal property is correct in your state. However, anything deeded in either of your names alone are at risk - car, boat, etc. Anything owned by one of your before marriage is also at risk. If they are going to go this route - I think it is unlikely unless the debts are large - they are more likely to be overly aggressive and just make you go through hoops to prove how the ownership is organized.

If you own a home, I do think they can place a lien on it as each of you has clear half interest in it.

A more likely avenue of attack is through banking institutions. They can get a writ of execution to freeze any banking account. Wages cannot be garnished in PA for credit card debt while in the hands of your employer, but they can be taken from your bank.

If one of you dies all bets are off. Life insurance and other assets can become targets. Obviously ownership of personal and real property is no longer an issue. It looks like judgement collection techniques have expirations in 5 and 20 years depending on the technique, but the can be renewed. Therefore it is possible this can stay indefinitely until paid if the creditor handles it properly on their end.

Good luck, hope this helps.

Regan
mbscompany@aim.com

---------- FOLLOW-UP ----------

QUESTION: Hi,
Thanks for the info. Just wondering how they would go about freezing a bank account. You know, getting account numbers, etc. If that happened, couldn't we just open a new bank account ?
                                              Thanks again,
                                                 John

ANSWER: The actual process varies by state. Usually they either get a court to issue the order to the bank or they physically send a sheriff to the bank. Once the bank receives it, they freeze the account or just basically take whatever money is in there and give it to the sheriff. So it's usually a one-time type thing.

You can get another account but I wouldn't feel too safe. In today's age, it's pretty easy to find out. They can use a variety of techniques such as credit reports, payment histories, tax documents, skip trace, and literally private investigators to follow you. Now many of these won't actually give them an account number but the bank or leads. Once a bank is identified, they can issue the writ for any account at that financial institution in your name. They can even just guess banks in some states. Now they pay a small fee each time, but in some cases it worth it to them just to send a writ to every bank in the area if that is allowed in your state.

In states like yours with no garnishment, this is more common. I would be cautious - especially if these are larger judgements.

I'm not sure what you meant by "pending" default judgement. Is there a judgement or not? If you are worried about the collection techniques, you MAY want to try and delay through the courts or settle on a small payment plan. The risk in contacting them is giving them information to help them collect it, so be cautious what information you give them without a new written agreement in place.

Good luck,
Regan

---------- FOLLOW-UP ----------

QUESTION: Just received something today from my wife's issuer. ( Interrogatories In Aid Of Execution ). Asking for info on name, accounts, married or not, assets, etc. My latest from yesterday is : a 10 day noticepersuant to Rule 237.1 of the Pa rules of Civil Procedure.

Answer
Yes. This is a formal procedure where they are asking you for information. Similar, but not exactly like, a deposition or subpoena. You should find out if they are even allowed in your jurisdiction. ANYTHING you put in there will become stipulated FACT. This means you cannot change your mind on it at a later time to your benefit. If you admit the debt in that document, you OWE the debt and a judgement will be granted.

Add to this Answer Ask a Question