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  1. #1
    Join Date
    Jul 2011
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    2

    Default Debt Collector Lawsuit In Pennsylvania

    My question involves collection proceedings in the State of: Pennsylvania

    We have already received a summons for small claims court for a past credit card debt. No, have not retained a lawyer yet, but we are ready to make the call.....

    Just have a couple of questions before we decide what to do and what path we are going to follow.....

    1 - What in court "proves" the JDB actually owns the account. To date, the only item of "proof" we have received is a statement from the filing lawyer's office that we owe the debt. What are they required to show to actually prove they can legally collect this debt?

    2 - Statute of limitations....the issuing bank is in Delaware, we reside in Pennsylvania....BUT, part of the original contract (after some research) states "THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT". and...I know PA has a "banking statute", and the way I read that is if the creditor resides outside of PA, the laws of the creditor's state are followed.......?

    3 - maybe most important.....when does the actual SOL start?

    Thank you for any help this forum can provide.
    Just trying to get some info before we spend money on a lawyer....if it's money I can save for our upcoming child by having the law on our side to start with...all the better.....

  2. #2

    Default Re: In Pennsylvania - Debt Collector Lawsuit

    The statute of limitations for Pennsylvania will apply because that is the state in which you reside and where you are being sued. Generally, courts consider statutes of limitations to be procedural law, not affected by the provisions in contracts attempting to govern choice of law.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: In Pennsylvania - Debt Collector Lawsuit

    OK, for actual jurisdiction to try this......the way I read and understand it, the FDCPA takes precedence over ANY contract, no matter what the wording of it, or am I reading FDCPA section 811 incorrectly....?

    The crux of my dilemna (sp) might be the first question as was asked.....what actually proves the JDB owns the account?

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