No papers received regarding lawsuit

[TLD5]

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

I received a letter in the mail from an attorney who found my info on my county website stating I have been sued. I looked up via this website and have found a lawsuit has been filed on 09/15/2017, but I have NOT received any paperwork regarding this lawsuit. I called the attorney, and basically he just pushed me towards bankruptcy.

I'm needing advice on fighting this myself please.

Thank you!

 

[quincy]

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

I received a letter in the mail from an attorney who found my info on my county website stating I have been sued. I looked up via this website and have found a lawsuit has been filed on 09/15/2017, but I have NOT received any paperwork regarding this lawsuit. I called the attorney, and basically he just pushed me towards bankruptcy.

I'm needing advice on fighting this myself please.

Thank you!

You can wait to be served.

 

[adjusterjack]

I'm needing advice on fighting this myself please.

Before you can figure out how to fight "this" you need to find out what "this" is.

You can go visit the courthouse and get a copy of the file. That will give you all the information you need so you can prepare for the lawsuit.

When you get it, feel free to come back and discuss.

 

[TLD5]

Lawsuit received

Ok papers were served to me Sat morning. The lawsuit is from Crown Asset Management for an alleged credit card default. Amount sued for is $1,021.37, plus attorney's fees, court costs, etc.

I have scanned the documents into my computer as a pdf. I believe I have 15 days to respond, and will definitely respond quickly.

 

[Zigner]

Do you have any sort of defense?

 

[TLD5]

Do you have any sort of defense?

I have no idea what a defense would be. I honestly don't even know what credit card this is as there is no info other than General Electric Capital Corporation and the last four of an account number that I don't recognize.

 

[adjusterjack]

1 - What does the complaint's allegations say? Quote them word for word.

2 - I suggest you pull all three of your credit reports and see if there are any related entries.

Meantime, google something like how to respond to a credit card or debt lawsuit in Texas. You might find some advice.

 

[TLD5]

Do you have any sort of defense?

From some reading, a defense would be FDCPA violations, and Lack of Standing.

 

[adjusterjack]

Keep googling specifically for how to answer a lawsuit for credit card debt. You should find samples that would show you how to format your answer and address the allegations.

After you have filed your answer you can engage in Discovery and ask for the appropriate documents involved in the debt including, but not limited to, any application for credit you made, itemization of charges you incurred using the card, and documentation of the plaintiff's ownership of the debt.

Understand that credit card contracts have bilateral attorney fee provisions so the more work you make their lawyer do, the more it will cost you if they win.

If you want to avoid that I suggest you call the lawyer and make an informal request for evidence that it is your debt, and if it is, make arrangements to pay it.

 

[quincy]

1 - What does the complaint's allegations say? Quote them word for word ...

No. Legal documents should never be quoted "word for word" on this forum.

First, only an attorney licensed to practice in a poster's jurisdiction can advise on a legal document's contents and, second, personal identifying information should not be published on a public forum.