Summons for Debt in TEXAS

[mctexas]

What is the name of your state? TX
Ok, I am new at this. I posted at the end of Marchita25 thread.... maybe I did it wrong. Here is my situation:
I received a summons today for "request for disclosures and request for admissions"
it is regarding a CC debt for $8752.52 and addtl "reasonable" attorney's fees for $2917.51. They have named my father and myself as defendant. I got a chance to speak with my dad and he told me that he took out the card a while back... and decided to request an addt'l card for me. I do not recall ever signing anything, nor ever using the card issued to me. My father confirmed that. What should I do????. Technically the card does not belong to me. I do not know what to do. I mentioned the "fraud" scenario with my dad and he is willing to take full responsibility for it, but I really would hate to put him in a tight spot. Please anyone HELP!!!!!!

[mctexas]

. My father (who is out of the country) has contacted the law firm asking to bear entire responsibility of the card himself. he has offered to start payment plan with the condition of having me removed from the situation. they have denied all of his request. I do not understand how i can be held liable. I spoke with the attorney for the credit card a month ago... He said that they would go after my assets... (bank acct, other Credit Cards, etc) He mocked me saying that I should not ask him for help because he was representing the plaintiff. I even painted the scenario on which I would get a credit card for myself, include HIM as an authorized user and let it go unpaid.... he ( I do not recall his name) laughed and said that there something that can be submitted that would get him off the hook. if there is such thing, it would work for me too... WHAT could that be??

[Debt Guy]

I received a summons today for "request for disclosures and request for admissions"

Have you been sued? Did you answer the suit and, if so, how? If not, when is the answer due?

There is a solution but first we must know exactly where you are now in the process.

[mctexas]

I have been sued... i must respond 20 days after the date of service. i got the "order for substituted service" send to me on 04-10-08.

Unfortunately, I do not have any documents pertaining to the card. I have attempted to contact the "company" but they referred me to the attorney's office. I spoke with my father today, and he believes that the card was opened before I was 18, although I cannot confirm that since the company/attorney will not give me that information.

part of the document i received is "request for disclosure" and "request for admission" which must be responded within 51 days of service.

thank you in advance

[NASCAR_Devil]

Originally Posted by mctexas

I have been sued... i must respond 20 days after the date of service. i got the "order for substituted service" send to me on 04-10-08.

Unfortunately, I do not have any documents pertaining to the card. I have attempted to contact the "company" but they referred me to the attorney's office. I spoke with my father today, and he believes that the card was opened before I was 18, although I cannot confirm that since the company/attorney will not give me that information.

part of the document i received is "request for disclosure" and "request for admission" which must be responded within 51 days of service.

thank you in advance

This sounds like this is really your fathers issue but if you are also named in the suit you definately must respond or a default judgement will be entered. Is this being reported on your credit reports? If you haven't pulled your reports: [url]www.annualcreditreport.com[/url] to pull your free annual reports. Did he open the account as a joint account or did he add you as an Authorized User? AU=NO FINANCIAL RESPONSIBILTY. If he opened this as a joint account before you were 18, I believe that would constitute fraud. I'm sure someone here will correct me if I'm wrong. Also, as far as them seizing your assets, here is a list of Texas exemptions:


In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
A debtor's homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(b).)
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)
Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)

[Texas Pooh]

A few things -

1. An order for substituted service means the creditor was not able to serve you in the normal way, and has asked a court for permission to serve you in an alternative way (typically, nailing the petition to your residence door). Is the order you got on 4/10 signed by a judge (meaning it has been issued) or part of a motion asking for substituted service (the order will not be signed)? What does the order say? I ask because its not clear if you have already been served (starting the clock on when things are due) yet.

2. Stop trying to talk to the company or the attorney informally about the card - because you are in litigation, they don't have to respond. You'll need to formally request the documents in discovery - in which case the attorney has to respond. You do that by filing your own request for admissions, interogatories, and production. But we need to know where you are in the process first.

3. You may have a defense based on your age at the time all this happened, but we don't know yet.

4. Because your Dad is out of the country, his attempts to settle may be delayed. Also, presumably he has been sued and they are trying to get service on him, too (which won't happen if he's out of the country). That's going to make the creditor much more likely to come after you. Thus, you need to make sure you're on top of the court proceedings. Are you comfortable defending yourself? If not, you might want to think about a lawyer.

[mctexas]

Originally Posted by Texas Pooh

A few things -

1. An order for substituted service means the creditor was not able to serve you in the normal way, and has asked a court for permission to serve you in an alternative way (typically, nailing the petition to your residence door). Is the order you got on 4/10 signed by a judge (meaning it has been issued) or part of a motion asking for substituted service (the order will not be signed)? What does the order say? I ask because its not clear if you have already been served (starting the clock on when things are due) yet.


MCTEXAS =the substitute service letter was signed by a JUDGE on 03-20-08. the delivered on stamp is 04-10-08

2. Stop trying to talk to the company or the attorney informally about the card - because you are in litigation, they don't have to respond. You'll need to formally request the documents in discovery - in which case the attorney has to respond. You do that by filing your own request for admissions, interogatories, and production. But we need to know where you are in the process first.

MCTEXAS =as i stated before, i have talked to the attorneys, mostly to confirm that they have received the packet of information from my dad. my dad offered to take responsibility for the debt as long as they would remove me from the suit. they declined so conversations stalled.

3. You may have a defense based on your age at the time all this happened, but we don't know yet.

MCTEXAS=i will run my credit report, do you think it will say the start date of acct??

4. Because your Dad is out of the country, his attempts to settle may be delayed. Also, presumably he has been sued and they are trying to get service on him, too (which won't happen if he's out of the country). That's going to make the creditor much more likely to come after you. Thus, you need to make sure you're on top of the court proceedings. Are you comfortable defending yourself? If not, you might want to think about a lawyer.

MCTEXAS-as long as i get sound help (thank you, thank you thank you ALL!!!) I could manage to appear on my own. i rather take care of this before i have to appear, maybe find something that will exonerate me.

[Debt Guy]

You have been sued. That means you must resolve this in court. There is no such thing as an out of court "exonerate".

This sounds to be to be relatively straightforward. That does not mean it is simple. Your questions lead me to believe that you are really in over your head. An attorney would be well worth the cost to make sure things get done right.

But, if you wish to do it yourself:

1. File an answer to the lawsuit. In your answer you will DENY that you are liable for the debt as you were merely an authorized user. You will say that you never had possession of the card and never used the card. If accurate, you can also say you were never aware the card existed.

2. File a request for admissions, interrogatories and documents. You will insist that the plaintiff provide documentary evidence of your liability.

3. File a response to the Plaintiff's request for admissions, interrogatories and documents. Just answer the questions directly and honestly. Use short words and stay on point -- don't go off on a tangent. Basically, you are going to deny any knowledge of the account or possession of any documents.

4. Then you sit back and wait to see what the Plaintiff does. Most likely they will dismiss you from the lawsuit. Your father they will continue to pursue. If for some reason, they don't dismiss you, they will do something -- you will have to deal with that something when it happens.

Like I said, this is straightforward. It is not simple. If you try to do this yourself and mess it up, you may find yourself on the hook for the debt simply because you did something wrong or failed to do something at the right time.

I am not trying to scare you. But, you need to be realistic about this. If you cannot afford an attorney, seek help from the United Way or the County Bar Association.

Does this make sense to you? I want to be helpful but I cannot do it for you.

[Fizzle1979]

My advise would be to find a consumer forum. One where people have been in your situation and got positive results. They are out there, you just have to search for them.

[debtcollector`]

Originally Posted by Fizzle1979

My advise would be to find a consumer forum. One where people have been in your situation and got positive results. They are out there, you just have to search for them.

Fizzle -- since you have nothing to offer,.

DC

[Debt Guy]

My advise would be to find a consumer forum. One where people have been in your situation and got positive results. They are out there, you just have to search for them.

Fizz

Exactly what part of my advice did not fit your definition of consumer friendly?

I swear, I've never seen you hold anyone's hand to the extent I've been doing with this poster. Exactly what do you want? The suggestion you offer is not exactly helpful. Why don't you be explicit and help the guy with something more than a vague suggestion to surf the web?

Fizz, you post all the time at CIC and you don't throw out crap like this. I don't always agree with the ethical perspective of your suggestions but I've not seen you to be way off base in terms of knowledge, especially in terms of the law in your home state of Texas -- where this guy lives. What gives? Do you have some agenda I don't understand? This guy needs help. I'm doing the best I can. If you have a better idea, why don't you just jump in and help him?

OP -- suit yourself if you want to go looking for help elsewhere. Or ask Mr. Fizz for help -- he seems to find my guidance inadequate to his exacting standard. He does know a lot about Texas and might add something.

[Texas Pooh]

My advise would be to find a consumer forum. One where people have been in your situation and got positive results. They are out there, you just have to search for them.

Fizzle,

what exactly is it that you think anyone can do in this situation? There is no magic bullet that will make this situation go away. Your advice is as bad as people who think that verification letters are some kind of magic wand.

OP has been sued. If OP doesn't respond, there will be a default judgment. If OP doesn't answer the admissions, they will be deemed to be admitted and a summary judgment will be entered. That's it - it is that simple. In addition, OP can use the discovery process to his benefit to seek information related to the account, and to raise his primary defense that he was an authorized user and not responsible for the account.

Several posters (Debt Guy in great detail) outlined what has to be done here in the real world. By contrast, your suggestion of an internet search is not much help.