Categorized | Collection Agencies, Lawsuits

Defective Notice on a Default Judgment

Defective Notice on a Default Judgment

We recently had the pleasure of representing Virginia H on an Allegheny County credit card lawsuit.  Virginia was sued by Arrow Financial earlier this year.  She failed to respond to the lawsuit in time, and a default judgment was entered against her.  She called our office and after a quick review of the docket, we noticed that the Important Notice that was sent to her was defective in that it contained additional language.  (An Important Notice must be sent by the debt collector if you fail to respond to the lawsuit within 20 days.  This notice affords you an additional 10 days to respond).  We immediately filed a Motion to Strike the Judgment and argument was held before the Honorable Stanton R. Wettick.  Our argument was that the additional language that the debt collector added to the Important Notice was deceiving in that Virginia thought that a judgment had already been entered against her.  Judge Wettick agreed and struck the judgment.  Shortly thereafter,  the judge scheduled an Arbitration hearing and of course, we won as usual.  The reported opinion can be found at the Pittsburgh Legal Journal

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