Credit card company sued me and I won by default

[mick1974]

Question. I was sued by a credit card company on a account that is past the statue of limitations, this was going to be my defense. When I showed up for the hearing the sueing/collection agencies attorney did not show up. I won by default. I then found out that they can appeal this even though they did not show up. The credit card debt was for 4200.00. What happens from this point on? Anyone else ever have things go this way? I am unsure whether to wonder if this is finished or not so I kept all files of course. Also on my credit report the Aspire account was bought by Midland Funding LLC. Since the SOL has expired this is a moot issue BUT they took off all dates on my report including last activity and date open and date WE closed the account.

[aaron]

Did they appeal, or move to set aside the default?

[mick1974]

I have not heard as of yet. That is what I am wondering. What do they normally do? This is going to cost them a bit of money also for a 4200.00 debt that is over four years old. The attorney never contact the JP. Is this another crummy tactic or did they use all this in hopes that I wold "cave in". Also in closing I must add that I am not sure how long the attorney that was hired by midland has to appeal this decision in Pa.

[aaron]

How long ago was judgment entered?

[mick1974]

The judgement was entered yesterday..

[aaron]

It's reasonable to assume that their time's not up yet. Pennsylvania case law indicates:

[For a nonappearance default under Pa. R.C.P. 218] the applicable standard which provides that in order to remove a judgment of non pros three elements must be met: (1) a petition to open must be promptly filed; (2) the delay must be reasonably explained; and, (3) facts must be shown to exist which support a cause of action. Gohel v. Montgomery Hospital, 698 A.2d 653 (Pa. Super. 1997).

* * *

In determining whether a failure to appear should be excused, a court should consider:

1) whether the failure to appear was inadvertent; 2) whether counsel's failure to appear was part of a pattern of improper behavior, misconduct or abuse; 3) whether the court attempted to contact counsel prior to dismissing the appeal; 4) whether the opposing party would be prejudiced by the delay; and 5) whether the court gave any consideration to lesser sanctions.

Thompson v. Houston, 2003 PA Super 467, 839 A.2d 389, 391 (Pa. Super. 2003).

[mick1974]

Thank you for the professional reply. I will keep this thread updated.