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Question ContinuedMy husband got served with papers the other day to appear about a debt he owes with a credit card company. We are willing to pay the debt, but we don't have the money up front...I called the collection agency that is suing us, and they told us the only thing that can do is settle for $3400, and we would have pay at least $300 by Friday, and the rest by the end of March, and we wouldn't have to go to our March 23rd court date. There is no way I can pay the $3400 by the end of March, so when we go to court we are going to have to pay the whole$5600. The lawyer suing us said that if we don't pay this the judge is going to rule in his favor and grant us a judgment for everything plus court costs...and we would have to pay that w/in 30 days or else they are going to be able to come in our home and take our stuff to equal the value of the debt. If I had $5600, I wouldn't be in this position in the first place. With a judgment, are they going to make us pay the whole amount w/in 30 days, or do you think the judge would put us on a payment plan...we are willing to do $100-$200 a month, we are in Pennsylvania....anyone help....we are worried sick. AnswerI am truly sorry be the bearer of more bad news, but Pennsylvania is absolutely the worse state in which to be sued by creditors. A judgment is awarded to the winning plaintiff in a lawsuit, the judgment creditor can then execute the writ against any nonexempt property owned by the debtor defendant. PA. has almost no exemption laws that can be used to protect a debtor's property other than Tenancy-By-The-Entirety which can protect a homestead if only one spouse is the debtor.

Contrary to what some believe judges are sympathetic to those persons who have made a "good faith" effort to pay their debts. However, a judge cannot always circumvent the law especially if the debt is large and there is no acceptable reason for the borrower to have defaulted on the agreement.

The issue is a bit to complicated to discuss in this context, if you feel I can be of further help, please e-mail me at.. macky83@juno.com

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Q: What exactly is a judgment and what do you need to know about being sued?
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