Legal Question in Credit and Debt Law in Texas

In Feb., 2009, I paid $2500 of a $5000 contract which was for a Petition in Suit Affecting Parent Child Relationship, but ultimately my wife and I got back together, so the case never went to court. I am now being sued by another attorney hired by the initial attorney for the balance owed, however we never received any demands for that balance until Dec. 2010. They have itemized the services rendered fees and they come to $1331.00. After you apply the $2500 I paid, it would seem that he made an additional $1169.

We are on public assistance including food stamps, have two children under the age of four and only 1 income (making $12 an hour).

Since we live in Texas, I understand that a credit card is considered unsecured debt and will just hurt my credit rating. Is payment to an attorney considered a non-secured debt? I realize I signed a contract with him but was blindsided by the current demand & threat of legal action. Ultimately will we have to appear in court and/or must I work out a payment plan with this new attorney?

What do you advise?

Thank you very much in advance for your help.

Clint B.

PS... I don't have an email address so my friend Tori is submitting this query for me. Please reply to her email.


Asked on 12/21/10, 4:37 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The debt you (may) owe to the lawyer is an unsecured debt.

If you don't owe the money, then don't pay it. You need to defend the state court suit. If you don't owe the money, don't plan to pay it.

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Answered on 12/27/10, 12:46 am


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