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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Credit Card Co. suing in Texas?

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Old 07-05-2008, 03:07 PM     #1
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Confused Credit Card Co. suing in Texas?

My wife and I have recently been served and told that one of our creditors is suing us for credit card debt. I have never heard of this. We live in the states of Texas and were wondering what this means. Do we need to find a lawyer? The JP advised us that our house is exempt as are the two cars that we own and $40,000 dollars worth of content in our home. According to this we don’t have anything that they can take. What would happen? My wife has been diagnosed as terminally ill and lost he job as a result. So, yes we do owe a portion of the money they are suing us for, but are unable to pay it. We are barely able to pay the necessities to keep us afloat much less this old debt. Can you let us know what we might be looking at and what we need to aware of? In addition our daughter has been laid off from her job and had to move back in with us. Is there anything she needs to do in order to protect herself and her belongings from the lawsuit since she lives with us? Or is she exempt because she is not being sued?
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Old 10-08-2008, 12:19 AM     #2
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Default Re: Credit Card Co. suing in Texas?

In Texas, Credit Card Companies who win judgments have little recourse when it comes time to actually collect. They cannot take your home or attach a lien to it, they cannot take your car, and they cannot garnish wages unless you give them permission to do so.

The only thing that they can do is go after your bank accounts and they will if they can find them. There are actually companies that specialize in locating checking accounts, so if you have one, my advice is to close it and go all cash until you can settle the judgment with them.
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