Can they take us to court?

Hi Susie,

My wife and I both went through a similar experince last year. Don't worry it will work out. Here's what you should do:

Step 1: Pull all your files out regarding the debt and respond to the lawsuit with a letter. Legally you have to respond as well as show up to court on the date indicated, otherwise they can automatically get a judgement against you and afterwards proceed with garnising your wages. collection agencies are getting more and more aggressive with collecting debts. they prey on the ignorance of consumers who don't know their rights with their State Statue of limitaions laws, the Fair Debt Collection Practices Act, and FCRA.

Step 2: Find out the date of the debt and see if the Statue of Limitations (SOL) has expired ... If so you don't have to ever pay it back. The SOL varies from Stste to Ste and is usually from 3 to 7 years.

Step 3: Send them a letter back and make them verify the debt. See sample letter here: debtconsolidationcare.com/forums/about216.html. Modify the letter with your information and wait for a response back. They have thirty days.

I am not an attorney or anything, I have just learned via internet and my own research on how to deal with these people. They are cut throat and we have to learn to fight back together.

rhemacs

As advised make SURE to answer the summons or they will get a default judgement susie. CACH are snakes and hoping u do NOT respond so they win automatically. Ur number one priority is to answer the summons right now.
Good Luck and let us know if u have any more questions.
Ang

For the Heads Up Info.
Texas does not allow for Granishment of wages I don't think.
But I will do exacrly as you all say and we WILL respond. we have 20 days.
THANKS

In your answer, put in it the fact that you urge the court to dismiss the cause, because the plantiff cannot prove any contractual obligation you have to them, so therefore they have no actionable cause.

Look up exemptions from judgment for Texas. I know that in Texas they cannot garnish your wages (unless for child support, or some government loan) or retirment accounts.

Thanks for that verbiage suggestion LawStudent..Good idea.
(I also should run SPELL CHECK on the letter...My other response was a mess..sorry..LOL)

Texas does not allow garnishments but they do allow leins, freezing bank accounts and other ways to make you pay.

Do evedrything you are supposed to do. Respond to the letter. Find out if this is still in the SoL for Texas. I think it is 4 years, I don't remember.

First of all if they purchased your debt,they have the standing to bring a civil action.Texas has caselaw that they can sue on credit cards without an original contract.All they need are statements and payment history to prove account stated. Send them a debt validation letter certified return receipt.Answer the summons to prevent a default judgement. You will need to find the date of first delinquency to figure out your sol period. If they try to present an affidavit to the court,you must contest it as hearsay because it is second hand knowledge.

Hi Susie

We all want to pay off the money we owe...it is our moral responsibility. But dont you think that it is our responsibility to pay the money to the right person, the person to whom we actually owe the money. In my opinion you should ask CACH to validate the debt first.

THis is true GoodNelly...and the limit on the card was only 300.00 ...They are asking for almost 2,000...IF I don't have 300 I CERTAINLY don't have 2k! I will GLADLY Work with Household and wish I could have done so back then. But this is CRAZY

Susie- from what I can find out about Texas it says :their SOL is 4 years and the SOL begins after the day the cause of action accrues Section 16.004(a)(3) and by the way- you have 30 days to respond to them, it isn't real clear on how much time they have, but I know it isn't in 30 days. I'm waiting a year now for one of mine to respond!!..Good Luck..Karen :D

We responded in time to the court in writting as requested...saying basically don't know who you are but can you validate the debt? Yes we owed The CC company but not you all and certainly not that much money.I told them the money amount was outrageous and dismiss the case because we have no knowledge of them....
Since it was going thru the courts I also requested they not call my home anymore ONLY USPS..
Now....lets see what happens