What if I don't recognize the name of the company that is suing me?
If you don't recognize the name of the company that is suing you, chances are likely that the company is a debt collector referred to as a "debt buyer." Debt buyers purchase old and delinquent credit card debt in bulk from banks such as CitiBank, Bank of America, Chase, and others for pennies on the dollar. After the "purchase" of the delinquent credit card debt, the debt buyers will attempt to collect the debt, often at inflated balances.
As part of its collection efforts, a debt buyer may elect to file a lawsuit in Magistrate Court. What people may not realize is that these types of collection lawsuits may have defects that the debt buyer will not be able to overcome when the consumer properly asserts objections or defenses.
At EDF Law, we have the experience and knowledge to help expose any defects and raise real defenses to obtain a dismissal of the lawsuit without you ever having to go to court.
If I want to hire an attorney, are the fees expensive?
Our fees to repesent you in any collection lawsuit will depend on a few factors that we can discuss during your free consultation. Our fees are based on a flat rate with no hidden or additional fees.
At EDF Law, we offer competitive rates and affordable payment plans that fit most budgets. We understand this may be a difficult time for you and the last thing you need is to over pay for legal fees.
If the Magistrate Court Lawsuit is a violation of consumer law, we will represent you for free and demand monetary damages & attorney's fees directly from the creditor. In such cases, you will receive up to $1,000.00 for the violation plus actual damages when the creditor breaks the law. To find out if the debt buyer lawsuit filed against you is a violation, contact us.
Will I have to go to magistrate court?
That will depend on how you handle the Magistrate Court Lawsuit. If you elect to defend yourself without an attorney, you will have to go to Magistate Court to defend yourself against the creditor's claims. Although past experience cannot serve as a guarantee, our experience defending other people in similar situations is you will not have to go to Magisrate Court when you hire an attorney. The attorney will attend the court hearing on your behalf.
By hiring us, you will avoid the inconvenience of calling off work and the stress of appearing in Magistrate Court. The creditor has trained attorneys representing it, and so should you.
IF YOU INTEND TO REPRESENT YOURSELF based on what you read online via a forum or other website information, please be aware that it is common for the creditor to appeal the Magistrate Court Lawsuit if it loses and you would have to continue your defense at the Pennsylvania Court of Common Pleas. Also, please be aware that how a person defends against a collection lawsuit in another State (not Pennsylvania) does not mean it will work in Pennsylvania.
We offer a one-time low flat fee to represent you from start to finish in the Magistrate Court Lawsuit. There are no hidden fees. We have over 10 years experience helping people obtain real debt relief.
I'm judgment proof and was told I can ignore the Magistrate Court Lawsuit?
This is a common theme we hear from people exploring their options. Our professional opinion is that most people are NOT judgment proof and it's a bad idea to ignore the Magistrate Court Lawsuit that allows the creditor to obtain a judgment. A judgment may result in a lien against your house, the sell of your personal property, a bank account garnishment and it will be a negative mark on your credit report for years. In addition, judgments can come back to haunt you years down the road. If your financial or property circumstances change or if you need to obtain credit in the future, the judgment could come back to hurt you. In most circumstances, you cannot reverse a judgment once it becomes final.
By hiring us, you will avoid the inconvenience of calling off work, the stress of appearing in Magistrate Court and we will put our 10 years of experience to work for you to resolve the lawsuit. The creditor has trained attorneys representing it, and so should you.
What if I have more debt problems than just this one credit card collection lawsuit?
If your debt problems include more than this Magistrate Court Lawsuit, you may want to consider bankruptcy. Bankruptcy may be the better option because it includes all of your debts and the discharge will provide you an overall fresh start. Bankruptcy may also be the cheaper option when taking into consideration the possibility of multiple collection lawsuits down the road. When consulting with a debt relief professional, we find it more advantageous to seek the advice of an attorney that offers a range of debt relief services and has a proven track record for those options. Attorneys that only offer one type of debt relief have a financial incentive to promote that option and wrongly attack other options. At EDF Law, we are a true full service debt relief office that can explore all of your options. We have the knowledge and experience to help you by utilizing different types of debt relief that will fit your personal situation and budget.
Visit our Chapter 7 bankruptcy page or Chapter 13 bankruptcy page for more information.
Common Creditors We Have Beaten:
Portfolio Recovery Associates LLC
Capital One Bank
Many other creditors and debt buyers
* The content on this page is only related to collection lawsuits filed by credit card companies or debt buyers. All other types of legal matters filed in a Pennsylvania Magisterial District Court may have different legal strategies or outcomes.