Judgement and Texas

They can't garnish the card, it would be called a levy, and I'm not sure if they can do that as CCs work different than normal bank accounts as interest generally accrues on CCs, which may exempt them from levies.

This is a pre-load card..Does anyone know what happens after you answer the summons?

Usually a hearing date is set along with other preliminary judicial stuff like discovery I believe. I'm not a attorney so I have limits to my knowledge of judicial procedure so this would probably be best answered by either Law Student or Hockeyman.

After your answer, a court date is usually set. Be sure to answer, because if you don't, they might be awarded a judgment by default. After answering, as a part of the discovery phase, send letter (certified return reciept) demanding strict proof of how they calculated the debt, who owns the debt, and your contractual obligation to them. In Texas this will probably be in District Court, as that state's code dosn't permit collectors to sue in small claims. As to your card, I don't think they could garnish or levy a prepaid card. Don't volunteer information about it unless you are deposed and asked.

Sage advice, you should listen to Law Student.

If you have any additional questions/concerns feel free to post.

What should I say in the letter? and Who do I send the verifcation of dent letter to the courts or Palisades? I did contact an attorney this morning and set up a free 30 minute consultation, but he wants anywhere from 75--2500. I will still go for the free consult and send my letter. Please advise what I should say in the letter.

Here is a template for the validation letter that I use.

If you do not respond, you will lose automatically and have a judgment against you. In Texas, they cannot garnish wages, but can go after other non-exempt assets, typically, bank accounts, second cars, and investments. A pre-paid debit card would be such an asset.

A judgment is good for ten years, and can be renewed indefinitely. If you dispute the debt, hire an attorney. If you do not dispute the debt, try and settle with them, or just accept the judgment.

A settlement would be better than the judgment as they would tack on attorney fees and court costs.

Make sure that you follow their advice. Last year I was stupid and didn't know any better or know about this forum. I just stuck my head in the sand and had a default judgement placed on my credit report. Not only do I still have to pay back the money but I am also charged interest on this account until it is paid off. That was court ordered. I thought just ignoring it would make it go away but it doesn't. Don't be dumb like me!! I will never do that again!

You are not dumb, people do dumb things sometimes but that does not make them dumb. Making mistakes is all part of being human. Live, learn, then get luvs. J/K

Thanks so much for validation letter but can you forwardme a letter/template to send the court....also to the guy who had the judgement placed on his bureau did they garnish your bank account?

We cannot disclose personal information on this forum so I cannot forward it to you. The best thing to do is copy and paste it into a word processor and print it. If you are going to use it in court then make sure you do it during discovery as a motion to show cause.

Send the validation letter to the collector/attorney, and a copy to the court.

Thanks,Law Student any suggestions are is there a template out there for a letter to send to the courts in response to the judgement filing?