QUESTION

can apothacker and assoc take my home for a 2,000 cc acct

Asked on Nov 11th, 2013 on Civil Litigation - Pennsylvania
More details to this question:
I received a notice in the mail of a writ of execution from apothacker and assoc, my husband oly gets SSD and a small amount from long term disab., can they take our home or $$ out of our bank accts...what can I do, I don't have the $$ to pay the debt or I would have, any info would be appreciated.
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2 ANSWERS

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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The short answer to your questions is "yes".  Whether its likely that your bank accounts will be garnished or you'll lose your house is a different question.  The writ of execution indicates that a judgment was entered against you.  With that judgment, if the creditor knows where you do your banking, it can garnish money from your account.  I would suggest that you consider changing banks if you think the creditor knows where you do your banking.  Depending on the amount of the judgment and if you have other liens on your home, the creditor may seek to have your home sold a sheriff sale.  Its hard to say without more information whether that is likely.  If you are unable to come up with a lump sum of money to pay off the debt or unable to reach an agreement on an affordable payment plan with the creditor, one option would be to file a Chapter 13 bankruptcy and make payments to the creditor, usually for far less than the amount of the debt owed.  There may also have been a defect in the process leading to the entry of the judgment against you.  If that judgment was entered relatively recently, you might be successful in asking the court to strike the judgment and reopen your case so that you can defend the claim.  These types of debt collectors have difficulty winning cases when the claims are defended because they often have insufficient paperwork to verify the claims or their ownership of the claims.  The one thing I will suggest that you not do at this point is to do nothing. 
Answered on Nov 14th, 2013 at 4:01 PM

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Divorce and Custody Attorney serving Washington, PA at The Puskar Law Firm
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No, but they can win a judgment and put a lien against your home. My experience with Apothaker is that they are willing to settle for less than the amount owed. Otherwise, if you go to the court hearings, the cases are often dismissed for lack of evidence. Good luck.
Answered on Nov 12th, 2013 at 3:39 PM

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