Expert: Creditwrench - 5/24/2009

Question
QUESTION: Hi,
My husband and I both lost our jobs in 2003.  When we finally did find employment, his job was about $5.00 less an hour than he was previously making.  I defaulted on a credit card.  I intended to pay them and ironically, I had gotten them to help build my credit!  With him making so much less (he lost all overtime also), it was impossible to do anything but scrape by.  Anyway, today I received a summons for arbitration and would like to know if it is time-barred.  The facts are, I am in PA, and the account (according to my credit report) was 180 days in OCT 2003 and charged off the following month.  Now here's the tricky part, the summons I received today was filed May 7, 2009 but the summons also has that it was filed September 19, 2006 and it gives a court date of June 26, 2007.  When I called, the courthouse to find out what was going on they said the plaintiff did not set the new court date and that the old court date never happened because they couldn't serve me.  She said that they couldn't find me or something along those lines but I've been at the same address for almost 18 years.  I want to consult a lawyer but I really cannot afford it right now.  Can you tell me if my debt is time barred?  I have to respond within 20 days if I wish to contend this.  In addition, any recommendation of a legal clinic or low cost lawyer in the area (outside Philadelphia) would be appreciated.  I did call a lawyer recommended by the low cost lawyer referral service and he knew nothing about time barred debts and really pressed for bankruptcy.  If I declare bankruptcy, my credit which is due to clear up by next year would be shot for another 7-10 years, wouldn't it?
Thank you so much for any help!!

ANSWER: Statute of limitations in PA is 4 years. Looks to me that they filed out of stat. The first filing wouldn't court if nothing happened and that case was dismissed. So it seems to me that you might want to file a motion to dismiss as your response. You don't need lawyer to do that. It is a very simple process and I can teach you how to do it.


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QUESTION: Thank you!  Also, should I call and see if it was dismissed? Is there any other way the could have done this? Can they continue this for that long in lieu of a dismissal? I have access to the courthouses public records and see that it was marked as "complaint reinstated". What does that mean. Also, how can I learn this procedure?

Answer
It may have been dismissed but if it has been reinstated then I am quite sure that the court would rule against you on a SOL defense. I'd like to suggest that you find when it was reinstated first of all and then I would want to study up on the PA Rules of Civil Procedure and find out what the rules have to say about reinstatement of a dismissed case. How long can they wait before their time to do that runs out on them and did they comply with all of the rules dealing with reinstatement. Don't leave any stone unturned. How can you learn this procedure? There are many ways. If you insist on getting your learning for free or nearly so and have the time to devote to learning then you
can get your education the way I have which means buying the books and doing a lot of homework, Spending lots of days and nights at the law library and then lots and lots of experience helping others. If you don't have that kind of time and money then you will have to pay someone one way or another. That means you will pay by getting a judgment against you, getting wages and bank accounts garnished and having other bad things happen to you or you can pay someone to help you  through the mess. I took the hard road meaning about 20 years of study, unknown amounts of money buying books, going to seminars and much more. There isn't any free lunch. You are going to pay something one way or another, but if you are willing to put up some money to get the right help you just might be able to make your plaintiff end up paying a goodly portion of your tuition and books. It has taken me a lot of years and hard work to learn how to make them pay me.