Legal Question in Credit and Debt Law in Texas

A debt collection company has filed a civil suit against me for unpaid debt. I have not been served yet, but I know about this suit because a law office sent me a letter offering me to defend me from this civil suit. I went to the hays county website and found out that this suit is real and not a scam. Can the debt collection company get a judgment against me even though I have not been served yet? It is probably about a $2,000 dollar debt that I stopped paying 2 years ago. I lost my job 2 years ago and I'm still unemployed. If they pass a judgment, what's the worst that can happen to me?


Asked on 2/07/11, 8:36 am

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

First off, they cannot legally take a default judgment against you without notifying you of the trial date (i.e., unless/until you are "served.") After you're served, yes, they can take a default judgment against you. Once that judgment has been obtained, they can file a garnishment action which can lead to them "freezing" (taking) the money you have in deposit accounts (savings, checking, investments, etc.). This is a very short answer to a complicated snarl of laws, but all I can advise without knowing more.

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Answered on 2/08/11, 11:04 pm


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