Do I need an attorney
Date: Tue, 04/18/2006 - 20:21
I was served a complaint about an old credit card debt with Providian - about $3000. Because I believed what one of the many collection agencies told me- I thought it had been charged off since they were hard-nosed and refused anything but payment in full.....guess I was wrong. Two questions:
1. I am answering the complaint and sending to court and collection attorney through certified mail. DO I NEED AN ATTORNEY FOR THIS? I think the SOL is past!
2. Is it too late to send a verification of debt letter to the company and/or collection agency now that a complaint has been filed in the court?
This is my first time dealing with anything like this and I don't want to make it worse! Thanks for your help!
I believe that a letter of validation would be too late at this
I believe that a letter of validation would be too late at this stage. The SOL in Texas is 4 years across the board. If your alleged debt is out of the SOL show the court, and it will be quickly tossed out. Texas judges have little patients with collectors clogging up the docket with frivolous suits. The attorney that the collector hires will be 1) cheap and 2) probably have no documentation at all.
If your alleged debt is still in the SOL, well, Texas has the best consumer protection laws in the country. 1) they cannot garnish your wages (except for government debts), 2) there is a $30,000 personal exemption ($60,000 for the family) 3)they cannot take your home, 4) they cannot take your car (unless it is these items which are being sued for), 5) they cannot take any tools of your trade, 6) they probably can go after your bank account, so make arrangments to place the funds elsewhere, in someone else's name, 7) if you are unemployed or self-employed, the collector is screwed. Any judgement would be non-executable, or as some say, you'd be "judgement proof". This is why collectors and junk debt buyer hate Texas.
If I were you, I would consult an attorney though, even if you don't eventually hire him/her.
texasgal, I would listen to mwtx. Even if you do not hire an at
texasgal, I would listen to mwtx. Even if you do not hire an attorney, you should probably at least consult one.
That was some good advice from mwtx. You can also check this thr
That was some good advice from mwtx. You can also check this thread to know how to answer to a complaint.
http://forums.debtcc.com/forums/recvd-complaint.html
