Credit Card Debt Lawsuit in Dallas, TX

[deepinn]

What is the name of your state (only U.S. law)?Texas

I got sued for Old Credit Card debt which has not completed its SOL yet, couple of months left for the SOL to expire. I have not been served yet. This lawsuit is filed Texas .

Now my question is:

1. Can the default judgement be entered against me if I am not served?
2. "Dismissal Hearing" is already scheduled, so what happens if I don't go to the hearing in the basis of unserved notice? Can they have default judgement against me for not showing up?
2. What options do plaintiff have to serve me for debt greater than $5000? Do they have to serve me in person?
3. They sued me in county where I don't live anymore, so is it advisable to file for motion for out of jurisdiction before I am served?
4. What happens if the lawsuit is dropped in the old county because of out of jurisdiction and they file lawsuit against me in the current county where I live now, same state? Does the SOL starts clicking as soon they drop the case or does it stand still at the first lawsuit date they filed?

Thanks for you reply,

[nrknlknek]

You know, you are asking all the WRONG questions. First, they will find you. Second, they will serve you. Third, if you do not respond in the appropriate manner, they will obtain a judgement. Fourth, the will then proceed to post judgment collection including attaching bank accounts, asserting liens etc. (I don't think TX garnishes wages for commercial debts). How about this...deal with the situation as in contacting them and setting up a mutually acceptable payment plan that you and they commit to in writing and thereby avert all the litigation (in which you are unlikely to prevail).

[deepinn]

I do not have money to pay and/or settle. I am out of job and have no income. I just wanted to know what are the laws in texas for unserved notice and default judgement.

[Texas Pooh]

Can the default judgement be entered against me if I am not served?

The issue is that there are many different kinds of "service" - you don't have to be personally handed papers. Thus, you may get served (for example, by publication) and not realize it. Once you are served, and don't answer, a default can be entered.

I suspect - but am guessing - that what is scheduled is a hearing to dismissed for failure to prosecute. The court automatically schedules that if service is not made in a reasonable time. At that hearing, the creditor will ask for more time to serve you, or permission to serve you in an alterate method.

The SOL remains the same, regardless of whether or not they refile.

nrknlknek's advice is correct.

[deepinn]

I read somewhere that for financial matter if the amount is more than $5000, the service notice has to be delivered in person, the publication will not be sufficient. And also please give me some suggestion on motion for out of jurisdiction.

Thnaks