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TINA123 · Posted: Tue Jan 08, 2008 3:56 pm Subject: Judgement and Texas

I received a notice from Palisades Collections stating they were filing a judgment for a repo balance iao 5,100.In the state of Texas what will happen if I cannot pay the balanceand they enter a judgement.

Posted: Tue Jan 08, 2008 4:33 pm Subject:

Relax, the only way they have to sue you before they can enter a judgment. Send them a debt validation letter (you can find a good template via the first link in my signature) send it certified mail, return receipt requested. If they decide to sue you without providing validation just request the validation in discovery as a motion to show cause. Which will get the debt thrown out real quick.

What kind of debt is this anyway? Also when was the last time you paid anything on it?

Posted: Tue Jan 08, 2008 4:36 pm Subject:

Looks like a repo balance...

TINA123 · Posted: Tue Jan 08, 2008 4:37 pm Subject:

I just got a knock on my door with a summons that they are suing. What should i do now hire an atorney?

Tina123 · Posted: Tue Jan 08, 2008 4:38 pm Subject:

Yes, it was a repo balance and the summonssays I owe 5,135.00

Posted: Tue Jan 08, 2008 4:40 pm Subject:

The notice you got from Palisades...was that the first notice you ever recieved?

Posted: Tue Jan 08, 2008 4:44 pm Subject:

You're in Texas...If you do get a judgement against you, your wages will not be garnished, since a garnishment for a consumer debt is illegal in the state of Texas. Only student loans, fed debts, and child support and alimony can be garnished. However, they can seize your accounts. Make sure you make arrangements with them and keep them.

Tina123 · Posted: Tue Jan 08, 2008 4:59 pm Subject:

Should I call Palsides or hire an attorney?

Tina123 · Posted: Tue Jan 08, 2008 5:02 pm Subject:

At work I have my pay check directed to my prepaid credit card. Can the freeze a prepaid credit card? I do not have a checking or savings.

Posted: Tue Jan 08, 2008 5:06 pm Subject:

What does the summons say?

Posted: Tue Jan 08, 2008 5:09 pm Subject:

Get an attorney, you can start at NACA.net in looking for an attorney. In the discovery phase have your attorney request debt validation in a motion to show cause. Once this is granted it will become a request of the court. Pallisades is a junk debt buyer, chances are they will not be able to validate. Once they fail, have your attorney motion to dismiss the plaintiff's case due to failure to show cause. Also include your attorney's fees and court costs in your countersuit. Make them pay for it (it was their idea in the first place)

Tina123 · Posted: Tue Jan 08, 2008 5:17 pm Subject:

I can barley afford my rent is there anything I can do on my own?

Posted: Tue Jan 08, 2008 5:20 pm Subject:

Try your county legal aid office, those are the attorneys that are appointed for you if you cannot afford one.

Posted: Tue Jan 08, 2008 5:36 pm Subject:

If you can, hire an attorney. If not, make sure you file an answer to the complaint within the timeframe stated on the summons. Texas has a very long list of exemptions from judgment, so long in fact, that about all they could do is go after a bank account.