Judgement

[jfbelk]

What is the name of your state? Texas
I have been served with a judgement for $1774 owed to a credit card company. I had some troubles a couple of years back and couldn't pay it and the creditor refused to waive late and overlimit fees and I was unable to pay before they turned it over to a collection agency. Now I've been served today with judgement papers. I've consulted a lawyer and he has told me if it is a debt I owe(I do) then i have no defense against the judgement and letting them take a default judgement is probably my only choice. I am worried about my bank account though and my furniture, TV, computer, etc. I know they can levy my bank account and the lawyer says I will just have to bank hop for a time. Will I know before they levy my account? And will they be able to take once or whenever there is a balance in there?

 

[TigerD]

Will I know before they levy my account? And will they be able to take once or whenever there is a balance in there?

No and yes

 

[seniorjudge]

No and yes

Don't encourage double posters....

https://forum.freeadvice.com/showthread.php?t=321569

 

[Ladynred]

Not quite the same question:

he has told me if it is a debt I owe(I do) then i have no defense against the judgement and letting them take a default judgement is probably my only choice.

That's not entirely true. You CAN still try to negotiate a settlement and/or payment plan with the attorneys who are suing you. Since they cannot garnish wages in TX, then they might be more amenable to a payment plan. Make your offer in writing and go from there.

 

[AmarieNorton]

letting them take a default judgement is probably my only choice.

I'd ask another lawyer then. I've always heard that a default judgment is the worst thing. If they get a default judgment, other fees and interest and such may be tacked on. If I were you I'd still try to negoiate a settlement. Don't let them get a default judgment against you!

 

[jfbelk]

I do not have time to write them a letter of negotiation. The hearing is a week from Monday and given mail time, it probably will not reach them before then. I cannot pay very much at this time, but am willing to pay something. I tried to negotiate with them in the past and they refused all my offers of partial payments. Should I "anwer" the suit papers I received?

 

[Ladynred]

You can always FAX your letter. If you do, make sure you get a delivery confirmation.

You should DEFINITELY file your Answer to the Complaint. Even though you say it's yours, you should still DENY the allegations. Do you know EXACTLY how they came up with the total they are suing you for ?? No.. it's nearly impossible for you to know that. Have they produced a signed copy of the credit card agreement to PROVE you owe it ?? No.. they never do. By denying you are essentially saying 'prove it'. It also ensures that you get a hearing and at that time you would likely have one last chance to negotiate a settlement and/or payment plan. They can't get at your paycheck, and if you have no siezable assets, then all they can do is attack your bank account.

How old is this debt ? When did you last pay on it ? If it's more than 4 years, you DO have a defense in the statute of limitations.

 

[jfbelk]

Judgement in texas

I have filed an answer to the judgement the credit card company filed against me. I sent it certified mail and got the signature receipt card that the court did receive it before the hearing date. In the answer I requested a trial by judge. How will I be notified of the next step in the process? Will they be able to levy my bank account while the next step is pending?