Think I'm being sued

[123needinfo]

What is the name of your state (only U.S. law)? Texas

 

[Insane Jane]

Sounds possible

 

[123needinfo]

What is the name of your state (only U.S. law)? Texas

Ok so I lost my job 2 almost 3 yrs ago and now I find out that I'm Bri g sued for credit card debit . A process server has come by but I don't have the papers as I don't have a home any more ,what should I do ? Please help.

 

[123needinfo]

Sorry haven't been online in a forum in 5yrs not sure if I am doing this rt .

 

[quincy]

Ok so I lost my job 2 almost 3 yrs ago and now I find out that I'm Bri g sued for credit card debit . A process server has come by but I don't have the papers as I don't have a home any more ,what should I do ? Please help.

Welcome back to the forum. You appear to be doing everything right.

Were you served with the papers? If not, how do you know a process server came by?

With or without a home, if you received a summons and complaint, you will still need to respond to any lawsuit by filing an answer to the complaint.

Could you provide a few more details about the debt?

 

[123needinfo]

I was told a process server came to a friend's house where I use to get mail but he didn't leave papers ,the debit is for cc either target or best buy I haven't been able to pay or anything since may of 2013 . I had a good job at the time but due to unforseen circumstances have nothing of that old life.

 

[quincy]

I was told a process server came to a friend's house where I use to get mail but he didn't leave papers ,the debit is for cc either target or best buy I haven't been able to pay or anything since may of 2013 . I had a good job at the time but due to unforseen circumstances have nothing of that old life.

Okay. So you are being sued over the credit card debt. You might want to call your local court to see the status of the suit filed against you (i.e., if it is showing you were served, if not personally but by an alternate means).

When you receive the summons and complaint (and it will only be a matter of time), you will need to answer the complaint or be found in default. You can perhaps find some help at a legal aid clinic in your area. You do not want a default judgment entered against you.

 

[123needinfo]

Okay. So you are being sued over the credit card debt. You might want to call your local court to see the status of the suit filed against you (i.e., if it is showing you were served, if not personally but by an alternate means).

When you receive the summons and complaint (and it will only be a matter of time), you will need to answer the complaint or be found in default. You can perhaps find some help at a legal aid clinic in your area. You do not want a default judgment entered aga
inst you.

Do you know what the sol is in Texas and what will a default judgment mean I have nothing to give or get . Also thank you for all your advice and info .you don't know how much I appreciate it.

 

[quincy]

Do you know what the sol is in Texas and what will a default judgment mean I have nothing to give or get . Also thank you for all your advice and info .you don't know how much I appreciate it.

The statute of limitations on credit card debt in Texas is four years so, if your last payment on the debt was in May of 2013, the debt collector can legally file suit against you up to May of this year. It appears that the debt collector has already filed suit against, with his filing falling within the statutory period.

It rarely is smart to allow for a default judgment by not answering a complaint or showing up in court. That said, there is a limit to what a debt collector can collect, even with a judgment. Here is a link to the Travis County, Texas, government website that speaks to the difficulty of collecting on a judgment in Texas: https://www.traviscountytx.gov/justices-of-peace/jp1/collecting-judgment

And here is a link to the Texas Attorney General website with information on legal resources in Texas (check the links on the left side of the page for legal aid organizations and law school clinics): http://www.texasattorneygeneral.gov/cpd/lawyers-legal-resources

Finally, if you want to attempt to handle this on your own (not recommended if you can find local assistance), here is a link to the Texas Rules of Civil Procedure (what you need to do when suing or sued, when to do it, and how to do it): http://www.jp.hctx.net/info/TEXAS RULES OF CIVIL PROCEDURE.pdf

Good luck, 123needinfo.