Legal Question in Credit and Debt Law in Texas

Collections to Lawsuit, How much time?

I have been laid off twice in an 11 month period, and am currently seeking employment. I have several credit cards in collections now. I have been told that I will be suited and legal fees will be added if I do not pay. What can I do? What will happen if I go to court, can they send me to jail for non/really late payment? Can you please tell me what is going to happen to me, how much time do I have?


Asked on 7/16/02, 7:30 pm

1 Answer from Attorneys
Michael Dover Michael A. Dover, PC

Re: Collections to Lawsuit, How much time?

First, no one can send you to jail for non payment of a credit card. Yes, they can sue you in a civil court and get a judgment, but in many cases that is just a meaningless piece of paper. In Texas, most of the property owned by individuals is exempt from the claims of creditors. That means that even if the creditor has a judgment, the creditor can't seize your car, your house, your household furnishings, etc. Additionally, Texas law prohibits garnishment of wages for ordinary civil debts.

If any debt collectors have threatened you with going to jail, then they have probably violated the Federal Fair DEbt Collection Practices Act and you may be entitled to recover damages from those debt collectors. If you have been so threatened, I would encourage you to consult with a lawyer in the Houston area.

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Answered on 7/16/02, 10:47 pm


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