Sued in Texas

Lots of Texas experts are on this site, they'll respond shortly. But know You don't "need" an attorney...you should elaborate on your situation, alot of people will want to know more before they can help you. Did you ignore the collection notices or is this the 1st your hearing of this? You will have to respond to the complaint, and then you can ask the plaintiff for evidence of the debt during the discovery phase...they are the ones who will have to prove you actually owe the debt (not you)

They can not garnish wages in texas, but they can get a writ of execution to garnish your bank account, if they know which bank you do your banking with.

I am on SSDI and VA Combat Disability...which are my only source of income...because of the length of time it took SSDI and the VA to qualify me as 100% disabled my credit went in the tank...I lived off my savings and retirement funds available....it was never my intent to no pay credit card debt...however that is the way it turned out....now ARROW FINANCIAL wants a settlement on an account long ago written off....the amount they way is due it absurd....plus they want $1300 in court fees and atty fees.....the Judge never even look at my husband during the court hearing....the Judge extended the whole thing so we can research last payment dates.....to see if the atty. is correct .... what can be done?????.....we paid on the account until the monies ran out to pay anything more than meger existance bills......

Thank you for your time and kindness.

Next time you have court, court explain to the judge that you are on SSDI. I believe both are exempt from bank levy's. (Though it wouldn't be the first time they try). I'm really suprised the judge is letting it go this far if your on diability.. as both are exempt from judgement and bank levy's.(From my understanding)

As far as Arrow, have you pulled your credit report? What does it say about date of last payment? That could be a starting point.. though someone else might have some other suggestions.

Have you asked Arrow to provide documentation on this account? Arrow is a terrible bottom feeder that willfully break the law left and right. Seriously, do some searches on Arrow...not only will you find accounts from people about their horrible and often illegal collection methods, but you will find news reports and such on them as well.

Print them out (not alot..just a few) to show the judge when you ask Arrow to provide validating documentation. Explain to the judge that the company has time and again violated peoples rights and often try to collect upon invalid debt. You want to see proof they own the account or proof they have the right to collect upon it. You also want to see a statement that reflects the final amount owed and when the last payment made on it was and finally, you want to see a signed contract or agreement if they are collecting for -anything- more then what the last statement shows....you will need that to prove they are allowed to collect interest or any fees.

Plus, if this dent happens to have not been paid in four years, then it will be past the SOL and if that is the case, then you could have the case dismissed as a time barred debt. I know you stated it was within SOL, but you also stated it was charged off long ago....Texas SOL is 4 years so that is why I am asking. But you do not want to do that unless they can actually validate the debt, because if the debt is over $600 then you would be issued a 1099-c and wind up paying on it anyway.

But at least you can't be garnished and disability can't be garnished. Now, Texas is a community property state so was this debt incurred during the marriage? if so then while your income will be exempt, his will not. Something to keep in mind.