Cash LLC i"s suing me in TX for "credit card debt" Need advice
Date: Tue, 09/01/2009 - 17:56
The papers in the suit says I opened a "credit card" account. Not sure if that makes a difference but I never got a "credit card". I could just charge things I bought at Sam's to this line of credit in their system. My membership card was the same old one and same number.
I obtained and defaulted on this Sams Club debt in NC and moved to TX after the account was charged off. According to my credit report my first deliguentcy was in July 2006. It shows June was the last month I "payed as agreed". This sounds about right from what I remember. The date this citation was issued was July 31st 2009 according to the first page of the document. I guess that means they made the SOL by the skin of their teeth if it goes by 3yrs for NC... although I guess Texas law would apply here since I live here now.
I have to answer this in 20 days. Do I need a lawyer or is there a letter I can send to the court disputing this want wanting proof I owe them money because I've never heard of GE Money Bank. Can me just telling the judge that the statute of limitations has run out on this in NC.
One of the things they want me to stipulate to in the "Discovery" section is that I requested they open a credit card account in my name. They offered first and I accepted about this credit line with me signing nothing... I don't know if that makes a difference.
I'm not sure what I need to do and what I can say when I have to "appear by fililng a written answer to the Plaintiff's ORIGINAL PETITION at or before 10am of the Mondy next after the expiration of twenty days after the date of service of this citation before the Honorable xxxxxxxxxxxxxxxxx county, Texas. I wasn't actually served with this until 9/1/09.
I'm tempted to file for bankruptsy although I don't really want to go down that road. We barely make our month bills as it is.
I suppose one thing I need to do is stop my employer from direct depositing my pay check since in Texas they can seize your bank account, right?
Any help or advice on the first steps I need to take would be great. I know I want to dispute that I've never heard of GE Money Bank and want to see their proof. And want to claim that SOL applies... although I would have to admit I owed them money if I do that.
Thanks in advance.
Since you live in Texas and they are suing you in Texas, the Tex
Since you live in Texas and they are suing you in Texas, the Texas SOL would apply....not NC.
The fact that you didnt have an actual card is moot.....obviously you knew you were charging on the line via your membership card.
Thanks for the quick reply. I guess thats 2 things I can't use
Thanks for the quick reply. I guess thats 2 things I can't use.
I guess one last thing to hope for is when I show up to give my written answer to the court is their lawyer won't make the 4 to 5 hrs drive.
Last resort I can file for bankruptsy if the court doesn't give me a reasonable payment plan.
Bankruptcy shouldn't be looked upon as a way to avoid paying deb
Bankruptcy shouldn't be looked upon as a way to avoid paying debts. In fact, the BK laws have been made strict just for that reason. May be consulting an attorney is a good idea.
Hi anonymous in TX, You can bet bottom dollar they'll show up.
Hi anonymous in TX,
You can bet bottom dollar they'll show up. Their hope is that *you* don't show up so they can get a default judgement.
SC,
Actually, the BK laws were made stricter to keep people who can actually afford to pay their debts but just don't want to, from serial filing. Allegedly, many people were filing every 5 years like clockwork. Probably the main reason is bribes paid to politicians by the bloated medical industry, escaping from which is a major cause for the need to file BK in the first place.
I'm not trying to get out of paying my debt. I'm having a tough
I'm not trying to get out of paying my debt. I'm having a tough time financially and I've been trying to turn a corner on it so I can free up some monthly income to start paying on my debt because I want to be able for us to buy a house one day and help our son out with college. I thought I would have some more time before I started getting sued.
I don't know what kind of judgement would be made against me, whether they can garnish my paycheck, make me sell of possessions, or whether a payment plan can be structured.
I know I screwed up but at this point I'm not sure I have an alternative to bankruptsy as we are just getting by now as it is.
Quote:Originally Posted by Anonymous in TXI don't know what kind
Quote:
Originally Posted by Anonymous in TX I don't know what kind of judgement would be made against me, whether they can garnish my paycheck, make me sell of possessions, or whether a payment plan can be structured. |
Quote:
I know I screwed up but at this point I'm not sure I have an alternative to bankruptsy as we are just getting by now as it is. |
They can't garnish your wages in Texas, so don't have to worry a
They can't garnish your wages in Texas, so don't have to worry about that. They can go after you bank accounts, if they can find out where they are. As far as making you sell your possessions, I'm not positive about, but I believe you would be able to exempt some of you property from seizure, just as you would have exemptions in bankruptcy. Texas is a debtor friendly state, be glad you moved here. Any as the person said above, don't let anyone knock you down, things do happen. I myself have already been through bankruptcy once, and honestly I need to again, sad I know, but one medical illness, can ruin you, and we have had two and I'm trying really had right now, to not have to go that route again, even though it was the best thing I ever could have done. Hang in there, you'll figure it all out, and make the right choice for yourself.
Cach
You have to take the suit seriously. They are hoping you will default. You can't write the court a letter but must show up. Are you being sued in the county where you incurred the debt? or where you live? if not, that would probably be a violation of the FDCPA. I believe you can represent yourself. If you fight a bit, the company may find the suit unprofitable.
