=Sworn Response for CITATION IN SWORN ACCOUNT DEBT

[marki222]

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

A friend of mine has been served a suite for sworn petition, in Texas.

By American Express Centurion Bank

They have asked to respond with a sworn written answer in accordance with the rule 185 and or 93 according to the Texas Rules of Civil procedure. I looked them up and was able to download them but was not able to make sense on how to respond, as he is willing to pay the original debt in a small monthly payment say for $10 to $15 a month. The original amount was around 6K but now they are adding all legal, recovery, courtcost, interest, etc...

I want to know from any one of you if his house and autos are safe from this? As he has two small children and this would really heart the family a lot. Any thoughts on the sworn response would help as well.

Thanks in anticipation

Marki

[Texas Pooh]

Your "friend" needs to file a written answer with the court and send it to the attorney for Amex.

The only possible defense to this debt will be the statute of limitations; when was the last payment made on the account? If it was within the last four years, it is likely that there is no defense to the debt.

Note that your friend is not entitled to a payment plan. A judgment will be entered for the full amount due, including interest and attorneys' fees. Then, the creditor will be able to start seizing assets, including bank accounts. Note, however, that the house and his paychecks can not be seized (although a lien can be placed on the house, which will have to be paid when the house is sold, and which will prevent any re-mortgage).

Best bet - your friend needs to contact the creditor's attorney and negotiate a payment plan.