Legal Question in Credit and Debt Law in Texas

credit card lawsuit

My husband and I had a company in 2002/2003 that is now closed; the credit card was in the company name. I have been served with a court paper; court date is set for the middle of January 2008 for the debt that was around $1200.00 but with interest, ect. over $5000.00 now. My husband died February 2005 and his sons are the trustees and were to pay all debts that we had. I notified the credit card company of my husband's death, his sons were trustees and I made a $100.00 payment in March 2005. I do not have any type of income and of course no money (59 years of age). What is the general procedure for the court toward me? Am I better off to file bankruptcy for the company that we closed and would I have to file a personal bankruptcy in my own name? Does the court give a time for payments to be made to clear the debt? I just don't know what to expect.


Asked on 1/08/08, 3:42 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: credit card lawsuit

The court does not "give a time" for payments. The court will grant a decision to the CC co. for the amount of the debt as stated in the petition you received. If you have no money and no means to pay and no property that can be taken to satisfy the judgment, you might be able to let them spin their wheels. the judgment will affect your credit and you will probably not be able to buy or refinance your house or buy a new car -- among other things. If this is not a big problem with you, then see what happens. You should still consult with an attorney to see if there are other factors not mentioned here which would affect the outcome. Good Luck.

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Answered on 1/08/08, 4:02 pm


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