Portfolio Recovery Associates Sued My Wife on Disability. – Frank

“Dear Steve,

My wife and I both became disabled and she had to go on Social Security Disability in 2008 and I had to go on Retirement/Disability from the US Department of Defense Civil Service in 2004. Needless to say our incomes dropped substantially and we could no longer afford our credit card debts.

My wife received a letter from Portfolio Recovery Associates LLC, through a firm out of Philadelphia, PA named Blatt, Hasenmiller, Leibsker, & Moore, LLC stating they have filed a Civil Action against her in the Court of Common Pleas in Lackawanna County, PA.

It states that she is in default because you have failed to enter a written appearance personally or by an attorney, and that unless she acts in ten days from the letter a judgment may be entered against her without a hearing and you may lose your property or other important rights and that we should contact an attorney at once.

She called the agency in Philadelphia and they said she owed $650.00 and that they would accept $50.00 per month and review the case in August due to our circumstances.

Is this legal in PA and what would happen next if we don’t get an attorney or start paying on the debt to this company?


closeup of a gavel on cash, from above

Dear Frank,

I am not an attorney and you should consult with an attorney licensed in Pennsylvania for specific legal advice for your situation.

In general it seems if you do not have assets they can go after and your income is solely from disability and public benefits they would not be able to garnish that.

My concern is that this is not your only debt and if you do have other unsecured debts or debts like this defaulted debt, we then need to think about a more global solution rather than just jump at this one issue.

See also  Debt Collectors Want Some Respect

If this is your only debt you could contact the law firm and work out some deal in writing that would allow you to pay $50 a month. If you really can’t afford $50 a month and this is your only debt and you don’t see yourselves having big assets moving forward then you might want to do nothing and let them get the judgment they may not be able to collect on. If this is just one of other lingering debts then you should click here to find a local bankruptcy attorney and talk to them for free about your specific situation. Get the facts and then you can make an informed and educated decision if bankruptcy is right for you.

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Steve Rhode

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