I am being sued by collection company and need help.

[talyshell23]

What is the name of your state (only U.S. law)?texas, I am being sued by a collection company and I am worried of them taking my belongins, what belongings can they take? What are non exempt assets?What is the name of your state (only U.S. law)?

 

[blaczero]

I'm new at this so take all this with a grain of salt...

They can garnish your wages / bank account but at this point, if you've just been served papers, that could be a long way off.

The first thing you should do is answer your summons. Answering means addressing every paragraph in the complaint against you. Not answering gives a default judgment to the plaintiff (answering incorrectly can also do this). If the summons contained no contract and no documentation or proof of debt, you have no reason to admit to anything. You would be foolish to admit anything without them having proof.

Something like: Defendant lacks knowledge of the truth and thus denies allegations contained in Paragraph X.

Personally, I also filed an affirmative defense with mine, stating that the plaintiff failed to produce documentation (they referenced a credit installment agreement in the complaint) and even that they provided no proof they were even bonded or licensed to collect in my state. And because of this, at the end of my affirmative defense, I prayed the court dismiss the case.

Once you do that, read your court rules, the plaintiff will have x number of days to reply (my court says 15, some are 30 days).

 

[Proserpina]

I'm new at this so take all this with a grain of salt...

They can garnish your wages / bank account but at this point, if you've just been served papers, that could be a long way off.

Not in Texas they can't...seriously, it's great that you want to help, but please don't guess.

OP, in Texas your wages cannot be attached or garnished, except for child support/spousal support and for debts owed to the government (student loans and the like).

Bank accounts, rents and royalties can be garnished. You MUST respond to the suit (blac did get that right ) and you may wish to read this:

The Texas Property Code also provides an exemption for certain types of personal property, up to a certain value, from many unsecured debts. (See Tex. Prop. Code § 42.001 (2007).) For instance, a single adult, who is not a member of a family, has an exemption for various types of personal property, up to $30,000 in value, such as: home furnishings, including family heirlooms; 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 limitation prescribed by Property Code Section 42.001(a)

 

[Ronin]

The first thing you should do is answer your summons... You would be foolish to admit anything without them having proof. Something like:
Defendant lacks knowledge of the truth and thus denies allegations contained in Paragraph X.

A more appropriate response would be:
Defendant lacks knowledge of the truth and thus neither confirms or denies the allegations contained in Paragraph X.

One can't very well deny knowledge of the truth of an alleged fact and in turn claim that the fact is untrue