Served with complaint
My friend has been served with a civil complaint for a Credit Card debt incurred by her late husband. She was an authorized user, but states she did not sign on the account. The real estate she owns was transferred to her in 1995 and he died in 2003 having no interest in the real estate.
The Credit Card company is suing claiming that she was on the account but can provide no proof that she was other than her name appearing on the statement after her late husband died. Can this debt be enforced? Is there any way she can protect the real estate and personal property she owns?
She is considering filing a quit claim deed to transfer the property from her name to her name and my name jointly. Would this protect the real estate from being put up for sheriff’s sale? What about the personal property?
Thanks for any advice you can give.
Re: Served with complaint
A guit claim deed like youescrive would not protect the property because you would not enjoy the protection of tenants in the enitertty that married couples do. Your friend needs to have an attorney file preliminary objections or an answer to the complaint or defend in district court if that is where it was filed. I offer free consultations.
Mark Johns
Mark Johns, Esquire
P.O. Box 842
Horsham, PA 19044
Re: Served with complaint
if your friend was not a signatory to the card, the company cannot enforce the debt against her individually. they may file a claim against the estate of the deceased husband, if one exists. the other issue that you bring up is the transfer of the property. any transfer that is made with a pending lawsuit may be looked at as fraudulent, and potentially could be reversed. the best advice is to defend against the credit company, as your friend likely will prevail given the limited facts that you have set forth. if the credit company continues to pursue against your friend and she is not a signatory, she may be able to sue the credit company for bringing a frivoulous claim. the Fair Debt Collection Act may be of some assistance to your friend. best of luck.
Greg Artim
Law Office of Karen L. Myers, P.C.
1751 Lincoln Highway
N. Versailles, PA 15137