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:
www.annualcreditreport.com 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.)