Court Dismissal

[tabathadolley]

What is the name of your state?Texas

My fiance had an credit card account that he stopped paying at least 4 years ago... it could be much older. He has no idea what it is or when it's from because it's been through countless collection agencies.

Almost 5 years ago he received a piece of paper delivered by a sheriff, from a lawyers office. It said, and this is generally, that they were going to file a case with the court. It had questions about his employment, what he had that was valuable, and questions about the house which at the time was filed as a business(he changed it over that day to a homestead - the previous owner had it as a business). He filled it out, and sent it back. He never heard anything else from them.

Today he got a letter from the county court, saying he needs to attend a COURTS DISMISSAL HEARING(which his last name is mispelled in). He called the administrator and she said that the case had been sitting there for a VERY long time. I guess the court is decided whether to dismiss the case? What should he do? How can he find out what this collection agency was suing for? This is definetly out of the statute of limitations.

The line says: Bureaus Investment Group #1, LLC vs. *** *******

 

[Debt Guy]

I think it would be worth a trip down to the courthouse and reading the file to see what it says. Just ask the clerk and they will let you see it.

Otherwise, I think he should attend the hearing just so he knows what is going on. This is one of those cases where ignorance is not bliss.

Your post gives me the impression that the creditor already has a judgment. Otherwise, I don't see why they would be asking about his assets and where he works.

In Texas, wages are not subject to garnishment. Texas is also pretty friendly to debtors in terms of creditors seizing other assets.

 

[tabathadolley]

I think it would be worth a trip down to the courthouse and reading the file to see what it says. Just ask the clerk and they will let you see it.

Otherwise, I think he should attend the hearing just so he knows what is going on. This is one of those cases where ignorance is not bliss.

Your post gives me the impression that the creditor already has a judgment. Otherwise, I don't see why they would be asking about his assets and where he works.

In Texas, wages are not subject to garnishment. Texas is also pretty friendly to debtors in terms of creditors seizing other assets.

Well, the problem is that the paper asked about his info, but it said they were GOING to file a case, and this was almost FIVE(yes 5) YEARS ago. He hasn't heard a single thing for those years. And the lady said it had been sitting around for quite some time and nothing was done. I don't think it's about a judgment.. it sounds like they are dismissing a case the creditor never did anything about.. but I don't know.