Legal Question in Credit and Debt Law in Texas

What is possible gain from filing a lawsuit

I am a business owner. I have had problems this past year due to the economy, health, and employee theft. Due to this I found it neccessary to consult with CCCS to reach payment terms with all of my creditors, to pay off my debts. One creditor has opted to file a suit rather than agree to a payment plan. A debt less than $3000. They are acting as though I am refusing to pay and this is not true. I am not disputing that I owe this $ I want to pay. Will the Judge allow me to make a few payments and if so then what is the benefit of suing rather than working out payments. I know it is their right to sue, but by doing so they will be making it even harder for me to pay. This feels as though it is malicious as they have the $ to sue just to cause me problems & they know that I do not have $ for Attorneys. Also, since I am not fighting the validity of it & wish to pay, isn't it Likely that the judge may also consider their actions Malicious? I know that you cannot speak for a judge. just looking for a legal opinion.


Asked on 11/19/03, 6:17 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: What is possible gain from filing a lawsuit

The only advantage to a lawsuit, under the circumstances you described, is to memorialize the complete debt and stop the statute of limitations from running. It's not a question of malice, and the judge won't see it that way.

You'll probably be able to reach an agreed judgment, with payout terms mutually agreed to, to satisfy the debt and end the lawsuit. If you've not been sued as yet, see if you can work a payout when their attorney contacts you.

If they'll be suing in Small Claims, without legal counsel, try to reason with them on the payout terms. Just don't make promises you can't keep.

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Answered on 11/20/03, 10:42 am


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