credit card collections

[joliza]

What is the name of your state? TX. I have credit card debt that I did not pay after losing my job in 2003. A man came by my house today saying he had "paperwork" from a credit card company and that he could only give it to me. My husband told him I wasnt here. He left his business card and the only information on it are his name, cell phone # and title of agent under his name. It also says "state of texas" with an emblem in the right corner. Do you think this guy is legit? What can they do to collect this debt? Can they take personal property? Can they garnish wages? I dont know what to do.

[Kanchazi]

Sounds like its a notice for a summary judgment. And you will probably have 20 days to answer to the court. If you dont answer you will be in default. My suggestion is contact the person and find out what exactly it is. And come back here for more info.

[CALIF-LAWPRO10]

Originally Posted by Kanchazi

Sounds like its a notice for a summary judgment.

My response:

Gee, really? That's what it sounds like to you? Unfortunately, you don't know what you're talking about.

It's a Summons and Complaint, Dufus.

IAAL

[joliza]

At the risk of sounding ignorant - what exactly does that mean?

[CALIF-LAWPRO10]

Originally Posted by joliza

At the risk of sounding ignorant - what exactly does that mean?

My response:

It means your spouse is being sued in a court of law. If your spouse fails or refuses to accept "service of process" (accepting the Summon and Complaint by hand), then your spouse will eventually be served by publication. When your spouse fails to see the publication, or fails to respond to the publication, then a Default Judgment will be entered against your spouse.

In short, you can run, but you can't hide. The inevitable will happen.

IAAL

[joliza]

ok thank you. What measures can be taken to collect the debt? Wage garnishment, property seizure??

[CALIF-LAWPRO10]

Originally Posted by joliza

ok thank you. What measures can be taken to collect the debt? Wage garnishment, property seizure??

My response:

One measure is for you or your spouse getting a loan from a family member to pay off this debt because it only gets worse from here.

But, a creditor in Texas cannot garnish wages. However, bank accounts will be emptied, a lien can be placed on your home, and cars might mysteriously be missing - - after a judgment against your spouse has been rendered by the court.

IAAL

[joliza]

thank you for your help. I guess I will call this guy back tomorrow and go from there. I appreciate your help.

[joliza]

I got a letter in the mail today from a mediation company stating that if Ihavent received a summons yet that I would be getting one. Should I contact this company to try and resolve this without going to court or are they scams? Any advice at this point would be appreciated.

[Kanchazi]

Cali-law professor you having a bad day or you just suffer from attitude problems. try some relaxation , your anger and frustrations will affect your health. GOOD LUCK TO YOU

[Kanchazi]

Joliza I suggest that you get your advice from the people on this site, other than Cali-pro.
He is just a frustrated bill collector, there are people on this site that can give you good advice. Not just BS. Wait and you will get some good answers.

[CALIF-LAWPRO14]

Originally Posted by Kanchazi

Cali-law professor you having a bad day or you just suffer from attitude problems. try some relaxation , your anger and frustrations will affect your health. GOOD LUCK TO YOU

My response:

Bill collector? Sorry, you're way off. I'm an attorney in California. You see, what you term "attitude" is merely firmness. You're just not used to it. You'd rather have a pillow and a warm blanket. You can get those from [url]www.dearabby.com[/url] You see, the fact is, I know what I'm talking about. You don't. A "summary judgment"? Do you even know what that is?

IAAL

[Debt Guy]

Originally Posted by CALIF-LAWPRO10

However, bank accounts will be emptied, a lien can be placed on your home, and cars might mysteriously be missing - - after a judgment against your spouse has been rendered by the court.

IAAL

Actually, TX does not allow a judgment lien to be placed against a homestead. Also, TX has a very generous exemption for vehicles. All those other nasty things can happen.

[Kanchazi]

Summary Final Judgment $ 0.00
Affidavit As To Costs
Affidavit As To Interest
Order Granting Motion For Summary Judgment This is date of actual Judgment
Affidavit Of Proof(claim)
Motion For Summary Judgment
Notice Of Hearing- Special Appt
Notice Of Hearing- Motions
Answer Attorney:88888888 Dn01
Text
DEAR CALI-PRO
This is what i know about summary judgment all the steps you need to get one, and dont quote Texas law when you dont know what you are talking about.

[CALIF-LAWPRO14]

Originally Posted by Kanchazi

Summary Final Judgment $ 0.00
Affidavit As To Costs
Affidavit As To Interest
Order Granting Motion For Summary Judgment This is date of actual Judgment
Affidavit Of Proof(claim)
Motion For Summary Judgment
Notice Of Hearing- Special Appt
Notice Of Hearing- Motions
Answer Attorney:88888888 Dn01
Text
DEAR CALI-PRO
This is what i know about summary judgment all the steps you need to get one, and dont quote Texas law when you dont know what you are talking about.

My response:

That's not a Motion for Summary Judgment, fool. Those are the "pieces" of one. Besides, don't you remember the original question from our writer, or is your ability to understand limited to the last 10 minutes? If you'll recall, dummy, he wanted to know what he was being served. You don't hand serve a Motion for Summary Judgment. Additionally, the writer has already confirmed that I was correct, and that you're an idiot. Look, come to terms with yourself. I'm an attorney, and you're an idiot.

God, do I have to deal with Trailer Trash?

IAAL