Legal Question in Credit and Debt Law in Texas

Need Advise Please Help Trail date approaching

I am being sued by a credit card co for 5,000.00. I live on my ssi check. I will be taking a copy of the check along with by bills to show the judge I really don't have the money to pay the cc back. If I indeed get a judgement against me how long will it be on my record and if I ever try to sell my house will this have an effect? I am 60 yr old lady no bank accounts under my name. what should I expect that date in court.Can I go to jail for it? Should I even show up at court?


Asked on 8/10/06, 1:42 pm

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Need Advise Please Help Trail date approaching

I doubt that your inability to pay a judgment would be a factor in the judge's decision. It's not a legal defense; and despite your circumstances, it does not raise any equitable defenses either. I presume you have not filed a response with the Court, but your presence will overcome that little detail. The judgment will certainly go on your credit report if that is a concern, but the CC company cannot force the sale of your house to pay the debt. If you should decide to sell the house, the lien will be present; but the proceeds are protected for 6 months as your homestead. If you use the money in the 6 months, CC co's tough luck. You might check the law schools in your area to see if they have any programs to assist you. Some of those students are very industrious and might be able to be present with you, but don't expect them to make a Supreme Court argument to prevent a judgment unless they could find some valid defenses.

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Answered on 8/10/06, 1:59 pm


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