Let Me Tell You Something Really Important About Getting Sued.
Here’s something else you might not know: when the credit card issuer sells delinquent accounts in bulk to a third party, who then tries to collect them, the odds that the new plaintiff will be able to prove its case in court are greatly reduced. This is because card issuer gives minimal documentation to the assignee.
Rule 237.3: Opening Default Judgment
You are served by the sheriff with a civil complaint. The second page informs you that you have twenty days to file a responsive pleading or default judgment may be entered against you. But you don’t. You forgot.
A notice from the Plaintiff’s attorney come in the mail. You have failed to file an answer in the alloted 20 days, it states, so you must file a responsive pleading within ten days or default judgment may be entered against you.
Ten days passes and you still haven’t filed anything. You’ve been busy.
Then, you receive notice of default judgment from the Prothonotary (or Department of Court Records in Allegheny County). Damn, too late!
Maybe not.
Scavenger Collectors are on the Prowl
Posted by Cliff Tuttle
It has become a common practice for credit card issuers to sell their written-off accounts in bulk at auction. However, other kinds of consumer accounts, such as automobile loans and unpaid balances on cellular telephone are also sold in this way. Long lists of delinquent accounts are assigned and frequently re-assigned. Although [...]