Collections Law/Debt collection
I'm from Pennsylvania. A credit card that my son had 10 years ago has come back to haunt him. There were charges that were disputed by the credit card company & like most young people, thought it would go away. Now 10 yrs. later he has a good job with some money saved up, not a lot, but a start, and he tries to use his debit card & finds out his assets have been frozen. He contacts the lawyer that the bank manager has on the paperwork that is from the court and they told him that now they will be setting up payment arrangements which could take 2 weeks...in the meantime his accounts are frozen...Now my question...I had my son on my bank account which I have now closed & opened a new one in my name only. My property has his name on the deed after mine...can they do anything to that?
Somewhere along the line they sued your son and got a Judgment. After ten years it will be very hard to fight the Judgment but not impossible. Your son needs to do some research and do it quickly.
First issue: The Pennsylvania Statute of Limitations on Judgments is 4 years. When was the Judgment granted? If it was granted more than 4 years ago, when was it renewed? Any lapse in there makes the Judgment void.
Second issue: The Statute of Limitations on Suit for Debt in PA is 4 years. If he defaulted on the credit card 10 years ago and they did not start the suit within 4 years of the default, he was sued on an Out of Statute debt.
The two of these together is why I am bringing this issue to you - 4 plus 4 is 8, which is 2 more than the age of this debt. If everything happened at the end of the Statutory period this debt should be Out of Statute by 2 years unless it was renewed.
Third issue: Was he served with the summons for the suit? If not it would be very hard if not impossible for him to raise the Statte of Limitations defense and therefpore he was deprived of his rights under law. Same with the renewal of the Judgment.
Can they attach your house? Yes. They can attach anything that has his name on it, and this Judgment probably did attach to your house when it was granted but you didn't know about it.
Have your son get a copy of he Court file on this and see what the facts are. I also suggest you pay a visit to a web site I set up some years ago that helps people deal with issued just like this - www.debtorboards.com