Being Sued!!

[nole2809]

What is the name of your state?TX

I had a Discover card. That I haven't paid on over three years ago. Now, a company that discover transfered to is sueing me for about 3900.00. They're saying that. If I don't file a written answer with the clerk who issued this citation. A default judgement may be taken against me. What is a default judgement?, Can I do any jail time?, and what can I do to take care of this? You know, I know a lot of people that have unpaid credit card debts, but this is first time hearing anybody being sued or courts. I thought it'll go on your credit, and you'll ahve bad credit for a long time. Please let me know. I appreciate it!!

 

[brownie]

A default judgment can/will occur when someone doesn't show-up in court to answer the complaint; they will award a judgment in favor of the CC Company.

I'm not sure what Texas Law is regarding SOL and garnishments, but if it is within the SOL and you are working than they will probably pursue a wage garnishment.

Jail time usually ain't anissue regarding a matter of this nature.


GOOD LUCK !

 

[LSCAP]

Did you actually get a subpoena from the court? Or is this a threat from a Lawyer/collection agency?

 

[nole2809]

Did you actually get a subpoena from the court? Or is this a threat from a Lawyer/collection agency?

I think it's from a Lawyer/collection agency. They said if I don't write them an answer. What ever that means? They will take out a Default Judgement against me. Do you think that I can work out a payment plan. Instead of my wages being garnished?

 

[nole2809]

Default Judgement

TX

If the collection agency/lawyer is trying to get a default judgement aganist me. They'll probably win, right! Is there anyway that I can set up a payment plan? Except for my wages being garnished. Please let me know. I appreciate it Thanks.

 

[brownie]

Questions.........

Did this paper come in the mail or was it served like a subpoena? Did you or someone else have to sign for it?

If it came in the mail, you could possibly still work out payment arrangements BUT MOST OF THE TIME they want BIG PAYMENTS over just a few months to keep it from going to court.

If it is a threat from CA/Lawyer it may be an illegal threat......................in that case, it might be grounds for a lawsuit against them.

Is the letter lengthy? I would suggest typing it out for everyone to see exactly what you are dealing with (leave out any personal information) AND/OR just consulting a lawyer (1st consult is usually free for something like this).

GOOD LUCK !

 

[nole2809]

Delivered Subpoena!!

Did this paper come in the mail or was it served like a subpoena? Did you or someone else have to sign for it?

If it came in the mail, you could possibly still work out payment arrangements BUT MOST OF THE TIME they want BIG PAYMENTS over just a few months to keep it from going to court.

If it is a threat from CA/Lawyer it may be an illegal threat......................in that case, it might be grounds for a lawsuit against them.

Is the letter lengthy? I would suggest typing it out for everyone to see exactly what you are dealing with (leave out any personal information) AND/OR just consulting a lawyer (1st consult is usually free for something like this).

GOOD LUCK !

It was delivered by a person that works in a Legal Service. I don't know if he was a lawyer or not. The letter has a yellow carbon copy which states civil citation on top, and adout 8 to 9 pages behind it. I didn't have to sign for anything he just wrote down on it before he gave it to me was the date.

 

[brownie]

It sounds like you have an official document (like a subpoena). I would try to get a free consult with a lawyer and get his opinion on it.
Does it have a date for you to respond/reply by?

AND does it say anything about appearing in court?

If you take the document to small claims clerk they should be able to tell you what your options are.

GOOD LUCK !

 

[nole2809]

TX

It says that I have until 10:00 am. On the Monday next following the expiration of 20 days after I was served this citation, but it dosen't say any thing about appearing in court. The only thing is the default judgement.

 

[toughluck73]

A default judgment can/will occur when someone doesn't show-up in court to answer the complaint; they will award a judgment in favor of the CC Company.

I'm not sure what Texas Law is regarding SOL and garnishments, but if it is within the SOL and you are working than they will probably pursue a wage garnishment.

Jail time usually ain't anissue regarding a matter of this nature.


GOOD LUCK !

Texas SOL are four years, so this debt is within statue.

Texas law does not allow wage garnishments, with few exceptions, so this should be of no consequence to the OP.

In Texas a county official, usually a constable, will serve you. More than likely that individual did serve you. I would answer what they are asking and show up to court, you don’t want to be left in the dark. Even if you lose, you will know where you stand and dispute anything that may be incorrect, although in all likelihood you do owe the full amount they are asking for.

Additional notes, this is a civil matter, not a criminal matter, so jail time is not an issue.
Payments at this point are unlikely, unless you can settle the amount immediately or make payment in full; it’s highly unlikely that they will take payments.

 

[LSCAP]

How much was the original debt?

?? They have to go to court to get a judgement.

It sounds like they are threatening you at this point. BUT.It they go to court and you are sent a subpoena you have to go, or they win. bad.

Does it list a court, they are supposed to use a local court, so call the court and see if they have done anything.

Again, How much is the actual original debt.

For under a thousand they are reluctant to send a $350.00 an hour attorney to court. which doesn't mean they give up, just reluctant.

 

[nole2809]

Written asnswer!!

How much was the original debt?

?? They have to go to court to get a judgement.

It sounds like they are threatening you at this point. BUT.It they go to court and you are sent a subpoena you have to go, or they win. bad.

Does it list a court, they are supposed to use a local court, so call the court and see if they have done anything.

Again, How much is the actual original debt.

For under a thousand they are reluctant to send a $350.00 an hour attorney to court. which doesn't mean they give up, just reluctant.

The only thing they said in the paper. Was, they want a written answer by the end of the month. It didn't say anything about going to court, or court date. I think that the original debt before all the intrest and late charge. Is about 1500.00. MAybe less!!