Interrogatories?

[Jacquetta]

Hello:
I live in the state of Texas and I was trying to find a way to earn some extra income, but I didn't have any idea that it would haunt me like this. About three years ago I signed to be an internet consultant, using a merchant account with credit card machine. It was to be for 3 years at $95 a month plus the fees to use the credit card equipment. I never received the equipment which was to come from a third party. I had informed the company that due to my increasing medical condition that I wouldn't be able to continue this endeavor even though I didn't receive the equipment. Nevertheless, the primary company kept hounding me for the payment on merchadise that I did't have in my possession. Several months later I received a letter from a lawyer stating that I was to pay for this equipment. I had explained to him that I didn't have that equipment. He looked into it the matter and when I didn't hear from him I figured that was in the end of it, but a year later I get another from a different lawyer stating that I needed to pay for this item and the total bill was $4,000. I though he was out of his mind. I had no way of paying for something like that when I'm on a fixed income. Well, to say the least, I was sued and taken to court in Mar of 1999. I had went to legal aid and they didn't tell me that I had to file something with the court, but the court ruled in the plantiff's favor. The lawyer told me that was it unless I sold my house or some other property to pay for the suit and his fees. I thought the matter was over. This past year I had to move to Dallas to live with my son because of my mounting health problems and just recently been receiving letters from the lawyer and just found out about an order to answer something called interrogarories. I need to know that is all about and why am I being harrassed about something that I do not even have in my possession? What am I do? Thank you for your help in this matter.

 

[HomeGuru]

You did everything wrong every step of the way. Now since the got a default judgement against you they are trying to collect on that judgement. The questions that they will be asking will be all pertaining to their collection efforts. Therefore expect to be asked questions such as where do you work, what is the name of your employer(s), do you work full time of part time, how much do youmake, do you have any other sources of income, does anyone owe you any money, do you have any checking or savings accounts, if so what banks are they at, do you own other assets such as stocks, bonds, cars, real estate, etc....

 

[Jacquetta]

Interrogatories

Thank you for responding to my inquiry. Please tell me what I did wrong. The only property that I have is my home which won't be paid off for at least another four years. The only income I have is my SSI. Can they make my children or other relatives pay for this and is it possible to get them to leave me alone?

 

[HomeGuru]

Please tell me what you think you did right to settle this from the beginning.

 

[Jacquetta]

The only thing that I can think of is that I had called the recruiting company and couldn't find the recruiter that had contacted me about the internet consulting opportunity. I had informed them that I wasn't given the whole truth about what it was going to cost and that there were hidden cost about the credit card equipment. I also informed the leasing company that I had not received the equipment and that they would look into it. How can I be liable for equipment that I never received from the consulting company? I tried to resolve it by contacting them, but they would never return my calls. I know that I should have never gotten involved, but what can I do now? What do I let this lawyer know now that I have received this letter about the Interrogatories? Do I have any legal recourse in this matter? Thank you for your help.

 

[HomeGuru]

You failed to respond in writing and taking notes then confirming the situation each time in writing. If you sent a letter via certied mail RRR, then you would have evidence that you did notify the company to state that you did not receive the merchandise.
Then each time you received a letter from the company or their lawyer, you send a cover letter with the backup docs disputing their claim.
The attorney said that he would check and get back to you. You should have been proactive and sent a letter stating that he/she has not contacted you and if you do not receive a response to this letter within 10 days of receipt, you consider this matter closed in which case you owe no money.
Then when you got served with the court papers, you did not read it and follow the instructions but instead depended upon Legal Aid to help you. If you read the complaint it stated that you must answer this complaint within 20 days (or whatever the time period was) or be in default. You failed to respond and failed to go to court to plead your case, so in essence and as far as the courts were concerned, you gave up and pleaded guilty by not responding. It is too late for you to respond now and you have no legal recourse. You can stick a fork in it because it's done.

The bottom line is, even if you were right and did not get the merchandise, you are wrong now as far as the law is concerned and owe the judgement amount. Therefore the attorney is just doing his/her job to collect the money due for the client.

[Edited by HomeGuru on 12-10-2000 at 02:00 PM]

 

[Jacquetta]

I hear what you are saying yet it is not fair when you don't know to do that in the first place and at that particular time I was trying to find a way to earn some extra income, not get ripped off. It never even occurred to me to keep all records or tape conversations of what was taking place. When the first lawyer didn't get back with me I figured that was the end of the whole thing. I though the problem had been resolved. Then I was contacted by another one a few months later, demanding me to pay his client that money or give back the equipment When I got the summons to appear in court, I seeked help from legal aid because I didn't know what I was suppose to do, but they couldn't help me because they was shorthanded. They sent me the paper work, but didn't informed me that I was to file them with the the court. I did appear in court and that is why the judge ruled in the favor of the plaintiff I had brought some evidence, he didn't even look at them. Later the lawyer told me that his client couldn't collect anything from me unless I had a job or other property beside my house that I could sell, which I don't have either. I want to thank you for be upfront with me about this.

 

[HomeGuru]

You're very welcome and I'm sorry that this happened to you. I understand and agree that what happened to you was not fair. No one said it was. Just resolve it, learn from the experience and move on.

 

[surlybroad]

interrogatories

Jacquetta - You might want to look into the possibility of recording a homestead with regard to the house you own. I don't know if that's possible in Texas, but it would be worth looking into as a method of protecting some of the equity in your home and keeping your creditor from attaching it.

 

[Jacquetta]

Homestead????

Hi Surlyboard,
Tell me more about Homestead and how I can protect my equity that I have in my home? I know in the state of Texas we have a Homestead Act that protects homeowners. Is that what you are referring to?

Thanks again for your help,Homeguru. I hope you have a wonderful holiday and a happy new year.

 

[I AM ALWAYS LIABLE]

Re: Homestead????

Hi Surlyboard,
Tell me more about Homestead and how I can protect my equity that I have in my home? I know in the state of Texas we have a Homestead Act that protects homeowners. Is that what you are referring to?

Thanks again for your help,Homeguru. I hope you have a wonderful holiday and a happy new year.

http://www.dallasrelo.com/homestead.html

 

[surlybroad]

homestead

As I said, I am not familiar with Texas law and have no idea if this kind of protection is available there -- or what must be done to accomplish it. In California, the execution and recordation of a homestead protects a certain amount of the equity in one's home against attachment by creditors. It would be worthwhile for you to contact a paralegal or attorney in Texas to inquire as to what kind of similar protection is available to you there.

You can get more information yourself by visiting the link so kindly provided by I AM ALWAYS LIABLE http://www.dallasrelo.com/homestead.html

 

[JETX]

Gee, gone from this forum for just a little while and all hell breaks loose!!!

Let me offer my $0.02 worth:

First, you allowed yourself to get into this mess. As stated by others, your first problem was in not properly documenting the issues that you had with the merchant or his 3rd party supplier. The second problem was in not handling the notice of suit (Civil Complaint) properly. Your saying that you didn't know that you had to, or that you didn't know how doesn't feed the bulldog. A notice from a court that you are being sued is NOT to be ignored or taken lightly. If you do so, a default judgment will be entered against you, as happened in this situation.

Now, with all that out of the way... to your situation today. The creditor has received a default judgment against you, however; Texas is considered a 'debtor state' in that it is somewhat hard to collect on a debt or judgment here. Assuming that you house is homesteaded (if not, then you are costing yourself money in tax exemptions), your residence is generally exempt from seizure. However, any 'non-exempt' assets could be subject to seizure by the creditor.

Another possibility would be to void the judgment itself. Default judgments are considered 'weak judgments' since there are numerous failures that could cause it to be voided. Examples are incorrect service or service in the wrong capacity. Specifically, if you were working as a corporation, and the Plaintiff sues you personally, that judgment could be voided. I would be glad to look into these issues of validity if you would contact me directly at the email listed in my signature....