Lawsuit by creditcard company
Date: Wed, 06/21/2006 - 07:16
He is disabled gets ssi. Can they garnish wages in texas? What can they do? Also, does he need to appear in court he is very ill but could go if it would help.
We have no money to meet extra bills each month so cannot make payment arrangements..
The debt came after his disablity and payments prior to this were timely and normally doubled. Last payment was 5 yrs ago.
Thanks
They can't garnish in the state of Texas.Has the statue of limit
They can't garnish in the state of Texas.Has the statue of limitations expired on the debt? It is important that he responds to the summons.He does need to appear if at all possible so the credit care company doesn't get a default judgement against him. Does the paperwork have a court date listed? You have 20 days to respond to the summons. When was he served?
SSI and Disability payment cannot be garnished to pay debts. If
SSI and Disability payment cannot be garnished to pay debts. If your husband ( and an attorney or other person with power of attorney) don't show up in court, they will get a judgment in default. I think I have read somewhere, that the SOL in Texas is 4 years, so make sure someone goes to court on his behalf and make the case that the debt in question is beyond the statute of limitation, and a judgment should not be issued n that basis, and the4 debt forgiven. But not showing up or sending someone at all will guarantee things will come out against you. If you or your husband can not afford an attorney, you may wan to see if there is a legal aid society which may be able to help you take care of this matter.
Check the date on which the last payment was done. You can get t
Check the date on which the last payment was done. You can get that from your credit company requesting for the latest statement of your account or view the latest copy of your credit report. Don't pay unless you are willing to clear the account. If the expiry of the SOL period is confirmed, one single payment can renew the statutes from the beginning. The company will use their legal ways to get the money from you.
First, make sure that the SOL is up. For TX, it's 4 years whethe
First, make sure that the SOL is up. For TX, it's 4 years whether it's oral/written contract or open ended accounts. What difference does it make if the SOL is up ?? It makes ALL the difference !! The statute of limitaitons is the timeframe they have to bring legal action to enforce collection of the debt. That means once the SOL runs out, they can still sue, but you can have the case thrown out by using the affirmative defense of the expired SOL. If you bring up the SOL defense, as you must or lose it, and you make your case, the judge can throw the whole case out the window, the debt is not legally enforceable any longer. BUT if you don't use the SOL defense and you let them win, then they can use all legal measures once they have their judgment, which is preventable with the SOL defense. They will lose in court and you can even counter sue them! I'll try to find a link to a case that won a similar lawsuit. So don't worry!
If the matter reaches the
If the matter reaches the court, you will need to show proof on how you tried to straighten the matter. When a company contacts you to pay the debt after the expiry of the SOL, you need to write a letter after reviewing the account thoroughly. This letter must mention that you are aware of this debt account and as per the state laws, the SOL for the debt account has expired. Thus, you are not legally enforceable to pay the debt. Send the letter through certified mail with return receipt requested. The company will acknowledge your steps taken to solve it and these paperwork needs to be shown in front of the judge.
Read the article published in the FTC for helpful information